LIBRARY 

UNIVERSITY  OF  CALIFORNIA 
DAVIS 


LIFE 


OF    THE 


HON.  THOMAS  McKEAN,  LLD,, 

MEMBER  OF  THE  CONTINENTAL  CONGRESS  FROM  DELAWARE, 
CHIEF  JUSTICE  AND  GOVERNOR  OF  PENNSYLVANIA, 
SIGNER  OF  THE  DECLARATION  OF  INDE 
PENDENCE,  AND  PRESIDENT  OF 
CONGRESS. 


COMPILED  FOR  THE  GENEALOGY  OF  THE  McKEAN  FAMILY. 


BY  ROBERDEAU  BUCHANAN. 


WITH  AN  INTRODUCTORY  LETTER 

BY  THE 

HON.  THOMAS   F.  BAYARD,  LL.D., 


^w£SSJ§ 

OCT  ~     1390 

LANCASTER,  PA.: 

INQUIRER  PRINTING 
1890. 
O 


LIBRARY 

UNIVERSITY  OF  CALIFORNIA 
DAVIS 


Entered  according  to  Act  of  Congress,  in  the  year  1890,  by  ROBERDEAU 
BUCHANAN,  in  the  office  of  the  Librarian  of  Congress,  at  Washington. 


41428 


TO    THE 

HON.  THOMAS  F.  BAYAKD,  LL.  D. 

WHOSE   DISTINGUISHED   SERVICES 

IN   THE   COUNCILS  OP   THE   NATION  AS   A    SENATOR, 
AND 

AS  SECRETARY  OF  STATE 
OF  THE  UNITED  STATES 

HAVE  REFLECTED  ESPECIAL  HONOR  UPON  THE   STATE  OF  DELAWARE, 

ZTbte 


OF 

"THE  LEADING  DELEGATE  FROM  DELAWARE" 

IN 
THE  CONTINENTAL  CONGRESS, 

IS   RESPECTFULLY  INSCRIBED,   BY  HIS   OBEDIENT  SERVANT, 
THE   AUTHOR. 


o 

INTRODUCTORY  CORRESPONDENCE. 


THE  AUTHOR  TO  THE  HON.  THOMAS  F.  BAYARD,  LL.  D. 

WASHINGTON,  D.  C.,  December  23,  1889. 
To  THE  HON.  THOMAS  F.  BAYARD,  LL.  D. 

Dear  Sir: 

Having  in  course  of  publication  a  Life  of  the  Hon.  Thomas 
McKean,  LL.  D.,  who  for  a  number  of  years  was  the  "  leading 
delegate  from  Delaware"  in  the  Continental  Congress,  and  also  a 
Signer  of  the  Declaration  of  Independence  ;  it  would  give  me 
much  pleasure  if  you  will  permit  me  to  dedicate  the  same  to  you, 
as  a  slight  mark  of  my  appreciation  of  the  services  you  have  in 
later  days  rendered,  in  many  important  positions,  not  only  to  the 
State  of  Delaware,  but  to  our  country  at  large. 

I  have  the  honor  to  enclose  proof  pages  of  the  work  as  far  as 
yet  printed  ;  and,  with  your  approbation,  will  from  time  to  time 
send  the  succeeding  pages  as  they  are  received  from  the  printer. 

I  have  the  honor  to  be,  with  much  respect, 
Yours  very  truly, 

KOBERDEAU  BUCHANAN. 


REPLY  OF  THE  HON.  THOMAS  F.  BAYARD. 

WILMINGTON,  DEL.,  March  25th,  1890. 
Dear  Sir  : 

Since  receiving  your  letter  of  December  23d,  the  proof  sheets- 
of  the  "Life  of  Thomas  McKean,  LL.D.J*  have  been  duly  sent 
me,  and  1  now  congratulate  you  upon  the  successful  completion 
of  your  labors. 

I  accept  with  pleasure  the  honor  of  your  dedication,  and  as  an 
American,  especially  as  a  citizen  of  Delaware,  I  am  justly  proud 
to  be  thus  associated  with  the  Memorial  of  a  patriot,  statesman,  and 
jurist,  so  distinguished  as  Thomas  McKean. 

In  this  State  Mr.  McKean  commenced  his  professional  and 
public  career ;  as  a  Representative  of  this  community  he  wa& 
delegated,  together  with  his  compatriot,  Caesar  Rodney,  to  the 
Stamp  Act  Congress  of  1765  ;  and  from  that  time  onward  until 
American  liberty  and  independence  were  firmly  secured,  he  was- 


VI  INTRODUCTORY  CORRESPONDENCE. 

continuously  invested  with  the  highest  public  trusts  which  the 
people  of  this  State  could  bestow ;  all  of  which  he  executed  with 
a  fidelity  and  ability  which  awakened  the  grateful  admiration  of 
his  constituents,  and  secured  for  him  the  highest  popular  esteem. 

To  him  is  due  the  high  distinction  of  serving  longer  and  more 
continuously  than  any  other  member  of  the  Continental  Congress, 
in  the  stormy  and  eventful  years  of  the  struggle  for  our  indepen 
dent  National  existence. 

To  this  it  may  be  added  that  his  assiduity  was  equalled  by  his 
courage,  discretion  and  ability  in  the  "times  that  tried  men's  souls." 

In  parliamentary  bodies,  declamatory  vigor  and  selfish  assertion, 
contenting  itself  with  sharp  criticism  upon  the  work  of  others, 
may,  and  often  do,  give  distinction  and  sometimes  an  undeserved 
reputation  with  the  public  ;  while  the  patient,  self-controlled  and 
steady  labor  that  formulates  and  constructs  is  recognized  and  ap 
preciated  only  by  the  "  singular  few,"  who  quietly  take  part  in 
the  real  work  of  State  building,  and  to  whom  mankind  are  chiefly 
indebted. 

In  this  sober  class  of  unselfish  and  conscientious  constructors  of 
our  republican  system,  Thomas  McKean  must  be  ranked  among 
the  first. 

As  his  kinsman  and  descendant,  you  have  performed  a  pious 
duty  in  compiling  with  simple  accuracy,  a  full  and  faithful  record 
of  the  life-work  of  your  ancestor ;  and  the  picture  you  have  given 
of  his  private  as  well  as  of  his  public  character  and  career  is  just 
and  true. 

As  a  citizen,  you  have  done  public  service  in  contributing  an 
important  chapter  in  the  veritable  history  of  laying  the  founda 
tions  of  the  government  whose  blessings  we  now  enjoy,  and  which 
it  is  the  duty  of  each  of  us  to  assist  in  transmitting  unimpaired  to 
posterity.  I  am,  dear  sir, 

Respectfully  and  truly  yours, 

T.  F.  BAYARD. 

To  Roberdeau  Buchanan,  Esq., 

Washington,  D.  C. 


PKEFACE. 


As  a  contribution  to  the  Revolutionary  history  of  our  country, 
with  which  his  life  was  so  intimately  connected  in  many  exalted 
positions  during  half  a  century,  this  biography  of  the  Hon. 
Thomas  McKean  is  given  to  the  public.  As  originally  written, 
it  was  accompanied  by  a  genealogy  of  his  descendants;  but  on 
account  of  the  prominent  part  that  Governor  McKean  bore  as 
one  of  the  framers  of  this  government,  his  biography  therefore  be 
comes  of  interest  beyond  the  limited  sphere  of  a  genealogy,  and 
is  now  published  separately. 

In  the  biography  of  Governor  McKean,  the  author  began  by 
taking  Sanderson's  fine  biography  as  a  foundation,  but  soon  re 
jected  that  plan,  and  quoted  the  work  with  other  authors ;  he  has 
reluctantly  been  obliged  to  transpose  Sanderson's  biography  and 
rearrange  it  so  as  to  place  the  facts  in  chronological  order,  as  well 
as  to  bring  together  all  the  writers  upon  one  topic  before  taking 
up  the  next.  This  comparison  of  various  authors  has  been  the 
means  of  correcting  several  mistakes  in  Sanderson  which  have 
been  copied  by  all  succeeding  biographers  (Appendix  II).  By 
the  use  of  some  extraneous  matter,  and  explanations,  have  been 
brought  into  a  connected  account,  several  topics  that  in  Sander 
son's  biography  seem  to  have  no  connection.  Minute  details,  so  far 
as  accessible,  poetry,  anecdotes,  and  other  trivial  matters  often  ne 
glected  by  the  severe  historian,  have  been  made  use  of;  for  it  is 
these  unimportant  matters  which  make  us  feel  acquainted  with 
another,  and  give  a  clearer  insight  into  his  life  and  character. 

Of  the  signing  of  the  Declaration  of  Independence, — an  intri 
cate  subject,  which  has  been  discussed  by  many  able  men,  includ 
ing  Peter  Force,  Webster,  Winthrop,  Bancroft,  and  lastly  Judge 
Chamberlain,  it  is  belived  that  an  abstract  of  all  that  has  been 
written  upon  the  subject  is  here  given. 

Through  the  courtesy  of  the  Assistant  Secretary  of  State,  and 

(vii) 


Vlll  PREFACE. 

the  other  gentlemen,  the  author  has  been  accorded  the  especial 
privilege  of  photographing  the  original  Manuscript  Journals  of 
Congress  in  the  handwriting  of  Charles  Thomson — an  especial 
favor,  since  these  Journals  are  among  the  most  valuable  records  in 
the  archives  of  the  State  Department,  and  have  never  before  been 
reproduced  in  fac-simile.  Doubtless  but  few  historians  have  seen 
the  originals,  since  permission  from  the  Secretary  of  State  is  re 
quired  even  to  inspect  them ;  and  trusting  to  the  inaccurate  pub 
lished  copies,  many  writers  have  been  led  into  error,  or  else  have 
found  discrepancies  they  could  not  explain.  It  is  hoped,  therefore, 
that  these  fac-similes  may  help  to  elucidate  matters,  that  long  ago 
should  have  been  made  clear. 

Permission  to  photograph  the  Journals  was  given  while  pages 
39  and  45  of  the  present  work  were  being  set  in  type  ;  and  merely 
a  few  verbal  changes  could  be  made  in  the  text.  It  was  found 
subsequently  that  the  negatives  were  too  delicate  to  be  photo-lith 
ographed  ;  they  were  consequently  reproduced  by  the  Moss  process 
in  New  York. 

The  first  fac-simile  is  the  Rough  Journal,  with  the  Declaration 
of  Independence  displayed,  reduced  three-eighths  size.  Here  may 
be  seen  the  wafers  attaching  it  to  the  page — the  names  of  John 
Hancock  and  Charles  Thomson  in  print — and  at  the  top  of  page 
95  of  the  Journal,  the  following  clauses  omitted  in  the  printed 
copies : — 

"  Ordered  That  the  declaration  be  authenticated  &  printed 
"  That  the  committee  appointed  to  prepare  the  declar 

ation  superintend  &  correct  the  press." 

It  will  be  noticed,  that  the  names  of  the  fifty-six  Signers,  and 
the  clause  preceding  them  in  the  printed  journals,  are  nowhere  to 
be  found.  Compare  the  fac-simile  with  the  text  opposite. 

The  second  plate  is  a  portion  of  the  above  on  a  larger  size,  and 
from  a  second  negative,  half  size. 

The  third  plate  is  the  page  of  the  Secret  Journal  relating  to  the 
engrossed  declaration,  half-size ;  the  interlineation  is  plainly  seen. 
By  comparison  with  the  printed  journal,  the  latter  will  be  found 
faulty  in  the  kind  of  type  used,  as  well  as  in  spelling. 

Several  offices  and  appointments  held  by  Governor  McKeaa, 
and  other  facts  not  heretofore  mentioned  in  his  biographies,  are 


PREFACE.  IX 

here  given ;  and  at  the  cost  of  some  repetition,  the  numerous 
estimates  of  Governor  McKean's  character,  by  various  authors, 
have  all  been  inserted ;  but  scattered  through  the  biography  to 
avoid  weariness  to  the  reader.  An  apology  may  be  due  for  the 
long  accounts  of  the  impeachment  trials,  of  Mr.  McKean's  seat  in 
Congress,  and  perhaps  some  other  portions  that  may  appear  tedious. 
They  are  retained  here,  hoping  to  make  this  biography  of  Gov 
ernor  McKean  a  standard,  wherein  may  be  found,  in  full,  all  in 
formation  that  is  known  of  him  and  that  has  appeared  in  print. 

To  the  Hon.  William  F.  Wharton,  Assistant  Secretary  of  State, 
and  to  Frederick  Bancroft,  Esq.,  Chief  of  the  Bureau  of  Rolls  and 
Library,  the  author  is  especially  indebted  for  their  concurrent 
permission,  to  photograph  the  manuscript  Journals  of  Congress, 
for  copies  of  letters,  and  for  much  other  information  officially  fur 
nished  from  the  Department  records.  And  in  no  less  degree  is 
the  author  indebted  to  S.  M.  Hamilton,  Esq.,  of  the  Bureau  of 
Rolls  and  Library,  for  facilities  in  making  the  above  mentioned 
photographic  negatives ;  and  also  for  opening  to  the  author's  in 
spection  not  only  the  original  Articles  of  Confederation,  but  also 
numerous  letters  and  papers  of  the  revolutionary  period,  in  the  ar 
chives  of  the  Department,  and  for  much  information,  unofficially 
and  very  cordially  given. 

WASHINGTON,  D.  C.,  November,  1889. 


CONTENTS. 


PAGE 

Dedication  to  the  Hon.  Thomas  F.  Bayard iii,  v 

LIFE  OF  GOVERNOR  THOMAS  McKEAN,  LL.D 13 

Studies  law 13 

The  Delaware  Assembly 15 

His  Marriage ;    Borden  Family 15 

Minor  appointments 17 

STAMP  ACT  CONGRESS,  1765 — a  member 18 

Minor  offices — anecdote 19 

Speaker  of  House  of  Assembly 20 

Second  Marriage 21 

CONTINENTAL  CONGRESS,  1775 21 

Committee  of  Inspection  and  Observation,  and  the  Associators 

in  Penn 24 

Resolution  of  the  15th    of    May,    and  Public  Meeting  of  May 

20,  1776 26 

Convention  of  Deputies  at  Carpenter's  Hall,  1776 28 

THE  DECLARATION  OF  INDEPENDENCE 29 

McKean's  services  in  favor  of  it,  secures  a  unanimous  vote  .  30 
How  signed  ;  Conflicting  statements  of  McKean,  Jefferson  and 
Adams;  Opinions  of  recent  authors — Force,  Webster,  Win- 
throp,  Frothingham,  Bancroft,   Lossing,   Chamberlain,  and 
others  ;  The  Journals  of  Congress,  fac-similes  of  the  origi 
nals  ;  The  Declaration  not  signed  by  any  one  on  July  4, 1  776.  31 
The  engrossed  Declaration  ;  The  Secret  Journals  of  Congress  : 
Fac-simile  of  one  page;  Signed  Aug.  2,  1776;  Anecdotes 
at  signing  ;  McKean  the  last  one  to  sign  ;  Omission  of  his 

name  in  print ;  Early  copies — fac  similes 45 

War  measures,  July,  1776 49 

Public  meetings 50 

Constitution   of  the  State  of  Delaware ;    Written  by  Mr.   Mc 
Kean  in  one  night;  Mr.  Read's  claim  not  established  ....  51 

CHIEF  JUSTICE  OF  PENNSYLVANIA,  1777 54 

Noted  cases 57 

Anecdotes — Andre's  Dream,  Poetry,  etc 61 

PRESIDENT  OF  THE  STATE  OF  DELAWARE,  1777 ,    .    .  63 

ARTICLES  OF  CONFEDERATION  ;  McKean  one  of  the  committee ;  64 

A  historical  discrepancy 65 

Difficulty  with  General  Thompson 67 

Public  Meeting,  May  24-25,  1779 67 

High  Court  of  Errors  and  Appeals 68 

Judge  McKean's  residence 69 

PRESIDENT  OF  CONGRESS,  1781 70 

Three  remarkable  incidents  in  McKean's  life 72 

Publishes  the  Laws  of  Pennsylvania 73 

(xi) 


CONTENTS. 


PAOE 

Convention  to  ratify  the  Constitution  of  U.S.,  1787;  McKean 

moves  to  ratify   ................            .  74 

Case  of  Oswald  and  attempt  to  impeach  the  Supreme  Court  ; 

Chief  Justice  McKean's  judgment  on  contempts  ......  77 

Pennsylvania  Constitutional  Convention,  1789    .......  79 

Minor  matters  ......................  79 

Commentary  on  the  Constitution  by  McKean  and  Wilson  ...  81 

Commotions  caused  by  Jay's  Treaty  ............  81 

,         A  Presidential  Elector  ..................  82 

Heated  Political  Affairs;  Peter  Porcupine's  Lawsuits  .....  82 

GOVERNOR  OF  PENNSYLVANIA,  1799;  McKean's  1st  election  ...  85 
His  election  opposed  by  Cobbett  ;  McKean's  election  the  first 

triumph  of  the  Democratic  party    ...........  85 

McKean  takes  the  oath   of  office  ;  His  removals  from  office  — 
not  only  for  political  purposes,  but  for  the  good  of  the  State; 

Cobbett's  remarks  ..................  88 

McKean's  2d  election  ;  Conflicts  with  the  Legislature  ;  Anec 

dotes  ........................  93 

Solicited  to    become  candidate  for  Vice   President  of    U.  S.  ; 
Declined  ;  His  election  greatly  attributed  to  the  election  of 

Jefferson  to  the  presidency    ...............  95 

McKean's  3d  election;  Virulent  party  feeling;  Impeachment 
proceedings  ;  The  charges  purely  political  :    The  attempt 
fails  ;  McKean's  vigorous  Replication  ;  He  refutes  all  the 

charges  .......................  96 

Close  of  his  term  of  office  ;  Retires  to  private  life    ......  106 

Fears  of  a  British  Invasion,  1814  ;  Presides  at  a  town  meeting.  .  107 

Honorary  degrees,  diplomas,  honors,  etc  ...........  108 

His  death  and  funeral  ;  Noble  tribute  by  his  former  opponent, 

Duane  ........................  110 

His  Life  and  Character  ;  John  Adams'  tribute  ........  113 

His  Will  and  seal  thereto  .................  115 

Coat  of  Arms,  probably  none    ...............  116 

List  of  Portraits,  Historical  Paintings  and  Engravings  .    .    ,    .  118 

McKean's  Autograph  and  Letters    .............  121 

Bibliography    ......................  123 

Conclusion  —  His  Children    ................  123 

Appendices. 

I.  List  of  works  containing  biographies  of  Thomas  McKean  .  125 
II.  List  of  Mistakes  and    Discrepancies  in  books  and    public 

records  .....................  129 

Addenda  and  Corrigenda    ...............  131 

Index  of  Principal  Subjects  ..............  133 


THOMAS  McKEAN, 


THE  subject  of  this  biography1  was  the  son  of  William 
McKean  and  Letitia  Finney,  of  Scotch-Irish  ancestry.  He 
was  born  in  New  London  township,  Chester  county,  Pennsyl 
vania,  March  19,  1734,  old  style.  After  an  elementary  in 
struction  in  reading,  writing  arid  arithmetic,  Thomas  and  his 
elder  brother  Robert  were,  at  the  ages  of  nine  and  eleven 
years  respectively,  placed  under  the  tuition  of  the  Rev.  Francis 
Allison,  D.  D.,  a  man  of  character  and  reputation. 

STUDIES  LAW.      , 

After  passing  through  the  regular  course  of  instruction  here, 
and  acquiring  a  knowledge  of  the  practical  branches  of  mathe 
matics,  rhetoric,  logic,  and  moral  philosophy,  Thomas  went  to 
Newcastle  in  Delaware,  and  entered  the  office  of  his  relative 
David  Finney,  as  a  law  student.  Some  months  after,  he  en 
gaged  as  clerk  to  the  prothonotary  of  the  Court  of  Common 
Pleas;  a  situation  which  enabled  him  to  learn  the  practice 
while  he  was  studying  the  theory  of  the  law. 

So  great  was  the  reputation  that  Mr.  McKean  acquired  in 
his  youth  by  his  industry  and  talents,  that  before  he  had  at- 
tained  the  age  of  twenty-one  years,  he  was  admitted2  as  an 

1The  basis  of  this  biography  is  Sanderson's  Biography  of  the  Signers,  2d 
edition,  Philadelphia  ;  published  by  Brown  and  Peters,  1828.  Robert  Wain, 
Jr.,  is  the  author  of  many  of  the  biographies  in  Sanderson,  including  that 
of  Thomas  McKean.  The  author  is  much  indebted  to  Sanderson's  Lives, 
yet  the  extracts  from  that  work  form  but  a  small  portion  of  the  pres 
ent  biography,  in  which  are  quotations  from  about  two  hundred  other 
works.  Several  mistakes  in  Sanderson  are  here  corrected.  Robert  Wain, 
Jr.,  above  mentioned,  was  the  son  of  Robert  Wain,  of  a  Quaker  family, 
member  of  Congress  1*798-1801,  and  was  born  in  1*797.  He  was  an  author 
and  poet,  and  died  at  an  early  age  in  1824. 

3  1754,  J.  Hill  Martin,  Bench  and  Bar  of  Philadelphia.  1883,  and  Penn.  Maa., 
v.,  489. 

2  (13) 


14  McKEAN  FAMILY. 

attorney  at  law  in  the  Courts  of  Common  Pleas  for  the  counties 
of  Newcastle,  Kent,  and  Sussex,  and  also  in  the  Supreme 
Court.  Before  the  expiration  of  a  year  he  obtained  a  con 
siderable  share  of  business,  and  in  May,  1755,1  was  admitted  to 
practice  in  the  courts  of  his  native  county  of  Chester.  He  waa 
also  admitted  to  the  courts  of  the  city  and  county  of  Phila 
delphia.  In  1756,  the  Attorney-general,  who  resided  in 
Philadelphia,  appointed  him,  not  only  without  any  solicitation, 
but  without  any  previous  knowledge  on  his  part,  his  deputy,  to 
prosecute  the  pleas  of  the  crown  in  the  county  of  Sussex.  He 
resigned  this  office  after  performing  its  duties  for  two  years 
with  judgment  and  ability.  In  1758,2  April  17,  he  was  ad 
mitted  to  the  bar  of  the  Supreme  Court  of  the  province  of 
Pennsylvania.  The  envy  which  the  success  of  the  young 
lawyer  occasioned  among  his  professional  brethren,  merely 
served  as  an  additional  spur  to  his  industry,  and  increased  his 
assiduity  in  the  pursuit  of  legal  knowledge  ;  for  though  he  had 
become  the  eloquent  advocate  and  able  lawyer,  he  was  still  the 
close  and  industrious  student.3  He  afterwards  went  to  Eng 
land  and  studied  at  the  Middle  Temple,  being  admitted  there 
May  9, 1758.4 

As  a  recreation  from  his  studies,  in  1757,  December  28,  Mr. 
McKean  enrolled  himself  with  about  one  hundred  and  twenty- 
five  others  "in  Richard  Williams'  company  of  foot,  whereof 
William  Armstrong  is  colonel,  in  Newcastle  county."5  In  the 
same  year  he  was  elected  clerk  of  the  House  of  Assembly,  an 
honor  of  which  he  was  unapprised  until  he  received  informa 
tion  of  his  appointment  from  Benjamin  Chew,  at  that  time 
speaker.  The  following  year  he  was  again  elected  ;  but  after 
serving  that  term  he  declined  further  appointment.  In  1762, 
he  was  selected  by  the  legislature,  together  with  Caesar  Rodney, 
to  revise  and  print  the  laws  passed  subsequent  to  1752;  a  duty 
which  they  speedily  and  satisfactorily  executed. 

1  Penn.  Mag.,  v.,  139,  244,  489,  xi.,  249  ;  and  Hist.  Chester,  Del.  Co.,  J.  Hill 
Martin.  Not  1756,  as  given  in  Sanderson. 

8  Penn.  Mag.,  v.,  489,  and  Bench  and  Bar  ;  not  ITS'?,  as  in  Sanderson. 

8  Judson's  Liven. 

*  Penn.  Mag.,  v.,  244-5,  489 ;  xi.,  249  ;  Bench  and  Bar,  p.  22. 

6  The  original  paper  in  possession  of  J.  Henry  Rogers,  Esq.  See  also 
Life  of  George  Read,  W.  T.  Read,  p.  48. 


THOMAS  McKEAN.       '  15 


THE  ASSEMBLY  OF  DELAWARE. 

In  the  same  year  Mr.  McKean  first  embarked  in  the  stormy 
sea  of  politics,  which  he  continued  to  brave  for  nearly  half  a 
century.  In  October,  1762,  he  was  elected  a  member  of  the 
Assembly  from  the  county  of  Newcastle,  and  was  annually 
returned  for  seventeen  successive  years.  So  much  attached  to 
him  were  the  people  of  that  county,  that  they  continued  to 
elect  him,  although  for  the  last  six  years  of  this  time  he  was 
residing  in  Philadelphia.  He  still  however  retained  his  house 
in  Newcastle,  probably  because  his  business  frequently  called 
him  to  that  city.  Finally,  on  the  1st  of  October,  1779,  on  the 
day  of  the  general  election  in  Delaware,  he  attended  at  New 
castle,  and  in  an  address  to  his  constituents,  declined  the  honor 
of  further  re-election.  He  was  then  waited  upon  by  six  gentle 
men  in  the  name  of  the  electors,  who  asked  him  to  name  seven 
persons  suitable  for  representatives.  He  replied  that  he  knew 
not  only  seven,  but  seventy,  whom  he  considered  worthy  of 
their  votes  ;  but  the  request  being  repeated,  he  acceded  and 
wrote  down  seven  names.  The  election  resulted  in  the  choice 
of  the  seven  gentlemen  whom  he  had  named. 

HIS  MARRIAGE. 

On  Thursday  the  twenty-first  of  July,  1763,1  Mr.  McKean 
was  married  to  Miss  Mary  Borden ,  eldest  child  of  Col.  Joseph 
Borden,  of  Bordentown,  New  Jersey.  She  and  her  sister 
Ann,  who  married  Francis  Hopkinsori,  were  said  to  be  two  of 
the  most  beautiful  ladies  in  New  Jersey.2  Of  her  family  and 
ancestry  I  have  found  as  follows : 

THE  BORDEN  FAMILY.3 

RICHARD  BORDEN,  born  1601,  married  Joan  (born  1604 ; 
died  July  5,  1688),  settled  with  his  wife  in  Portsmouth,  R.  I. 
He  purchased  land  in  New  Jersey  in  1667,  and  died  May  25, 
1(571,  leaving  with  other  children: 

BENJAMIN,  born  in  May,  1649,  at  Portsmouth,  R.  I.     He 

1  Not  July,  1762,  as  stated  in  Sanderson's  Lives. 

a  E.  M.  Woodward,  in  Bordentown  Register. 

8  Compiled  from  Savage's  Genealogical  Diet,  of  First  Settlers;  Gen.  Diet, 
of  R.  I.,  John  0.  Austin,  1887;  Hist.  Burlington  and  Mercer  Cos.,  E.  M. 
Woodward  and  John  F.  Hageman  ;  Hist.  Bordentown  and  Burlington,  in  Bor 
dentown  Register,  1876,  E.  M.  Woodward  ;  Keith's  Provincial  Councillors, 
1883,  p.  269. 


16  McKEAN   FAMILY. 

was  married  at  Hartford,  Ct.,  September  22,  1671,1  to  Abi 
gail  Glover,  born  16532  (daughter  of  Henry  Glover,  of  Hart 
ford,  Ct.,  born  about  1614;  died  1689,  and  of  Abigail  his 
wife),  and  removed  to  Shrewsbury,  N.  J.  In  1716,  he  deeded 
lands  to  his  son  Joseph,  of  Freehold.  His  Bible  record  is  con 
tained  in  a  Concordance  of  the  Holy  Scriptures,  etc.,  1698, 
now  in  possession  of  Oliver  Hopkinson,  Esq.,  of  Philadelphia. 
On  the  fly-leaf  is  written  "  Benjamin  Borden, His  book,  1706.'* 
and  below,  "Abigal  Borden  died  8  of  Geneyery  in  66  year  of 
her  age  and  year  of  our  Lord  1720."  The  date  of  his  mar 
riage,  and  birth  and  death  of  his  son  Joseph,  are  verified  as 
here  given  in  the  text.  Benjamin  Borden  died  in  1718  or 
later,  leaving  eleven  children,  of  whom  the  seventh  child  was: 

JOSEPH,  born  May  12,  1687,  probably  near  Freehold,  and 
when  about  thirty  years  of  age  removed  to  Tamsworth's 
Landing.  He  was  married  about  the  year  1717  to  Ann  Cono- 
ver  (formerly  Covenhoven*),  of  Monmouth  county,  New  Jer 
sey.  By  deed,  March  3, 1724,  he  purchased  of  Samuel  Tarns- 
worth  one  hundred  amd  five  acres  of  land,  and  subsequently 
more,  and  eventually  owned  the  whole  site  of  Bordentown. 
He  was  thus  possessed  of  very  considerable  means,  and  founded 
and  named  the  town  of  Bordentown.  His  wife  died  March  11, 
1744-5,  in  her  58th  year.  He  died  September  22,  1765, 
leaving  one  son  and  six  daughters.  His  will  is  recorded  in  the 
office  of  the  Secretary  of  State  at  Trenton,  N.  J.  His  son — 

Colonel  JOSEPH  BORDEN,  born  August  1, 1719,  was  a  patriot 
of  the  Revolution.  He  was  a  member  of  the  Stamp  Act 
Congress  of  1765  ;  a  member  of  the  first  New  Jersey  Con 
vention  at  New  Brunswick,  July  2,  1774;  one  of  the  Com 
mittee  of  Observation  of  Burlington  county,  February,  1773; 
entered  the  army  as  Colonel  of  the  1st  New  Jersey  Regiment, 
and  became  Colonel  and  Quartermaster  of  the  State  troops  ; 
Judge  of  the  Court  of  Common  Pleas,  September  11,  1776  ; 
reappointed  September  28,  1781.  He  was  a  man  of  note  in 
his  locality,  and  during  the  war  his  fine  house  was  burned  by 
the  British.3  He  was  married  September  22,  1743,  to  Eliza 
beth  Rogers,4  who  was  born  at  Allentown,  July  10,1725; 

1  Gen.  Diet,  of  R.  I.  gives  the  year  wrongly,  1670. 

3  According  to  the  Borden  Record,  Savage  is  wrcng  in  giving  this  date 
1651. 

8  Penn.  Mag.,  ix.,  435. 

4  From  Robert  McKean's  family  Bible,  in  possession  of  Mrs.  Ann  McKean 
Kerr,  which  is  verified  (as  to  this  name)  by  the  will  of  Mrs.  Rogers,  recorded 


THOMAS  McKEAN.  17 

(daughter1  of  Samuel  and  Mary  Rogers.  An  old  pedigree  on 
a  modern  sheet  of  legal  foolscap,  found  between  the  leaves  of 
the  old  Borden  Record  above  quoted,  states  that  Samuel  Rogers 
was  born  1692,  died  September  17,  1756 ;  his  wife,  born 
1690,  died  April  14,  1738,  and  verifies  the  dates  of  the 
daughter's  birth  and  death  here  given  from  other  sources.) 
Mrs.  Borden  died  November  2,  1807.  Judge  Borden  died 
April  8,  1791.  His  will  is  recorded  at  Trenton,  N.  J.  His 
issue:2 

i.  MARY,  b.  July  21,  1744,  married  July  21,  1763,  Thomas  McKean, 
Signer  of  the  Declaration  of  Independence. 

ii.     ANN,  b.  Jan.  24,  1745-6,  d.  June  9,  1746. 

iii.  ANN,  b.  May  9,  1747,  married  Sept.  1,  1768,  Francis  Hopkinson, 
Signer  of  the  Declaration  of  Independence,  and  left 
issue. 

iv.     AMY,  b.  Oct.  30,  1749  ;  d.  Aug.  31,  1751. 

v.     LJKTITIA,  b.  July  29,  1751  ;  d.  June  30,  1753  N.  S. 

vi.  JOSEPH,  b.  June  23,  1755  ;  m.  Nov.  26,  1778,  Mary  Biles,  daugh 
ter  of  Langhorn  Biles,  and  d.  Oct.  16,  1788,  leaving 
one.  child,  Elizabeth,  b.  Nov.  13,  1779. 

MINOR  APPOINTMENTS. 

In  1764,  Mr.  McKean  was  appointed  one  of  the  three  trus 
tees  of  the  Loan  Office  of  Newcastle  county,  for  four  years  ; 
which  trust  was  renewed  in  1768  and  1772  (1769,  June  163). 
This  species  of  loan  was  one  of  the  most  happy  expedients  for 
the  encouragement  of  industrious  settlers  in  a  new  country, 
and  for  the  improvement  of  lands,  that  was  ever  invented. 

On  the  10th  of  July,  1765,  he  was  appointed  by  the  Gov 
ernor,  John  Penn,  sole  notary,  and  tabellion  public,  for  the 
lower  counties  on  the  Delaware  ;*  and  in  the  same  year  was 
appointed  justice  of  the  peace  and  justice  of  the  court  of 
common  pleas  and  quarter  sessions,  and  of  the  orphans' 
court  for  the  county  of  Newcastle.  In  the  November  term  of 
1765,  and  February  term  of  1766,  he  sat  on  the  bench,  and 
directed  that  all  officers  of  the  court  should  make  use  of  un 
stamped  paper  in  their  several  duties ;  and  it  is  believed  that 

at  Mt.  Holly,  N.  J.;  in  which  she  mentions  her  brother  Isaac  Rogers. 
E.  M.  Woodward,  in  the  Hist.  Burlington  and  Mercer  Co.'s,  is  wrong  in  stat 
ing  that  this  Joseph  Borden  married  a  daughter  of  Marmaduke  Watson. 
He  also  states  wrongly  the  first  of  the  family,  Benjamin  instead  of  Richard. 

1  Keith's  Provinc.  Counc.,  1883,  p.  269. 

2  Robert  McKean's  Family  Bible. 

3  Penn.  Archives,  2d  series,  Wm.  H.  Egle,  ix.,  643,  et  seq. 

*  Original  in  possession  of  J.  Henry  Rogers,  Esq.,  of  Newcastle,  Del. 


18  McKEAN   FAMILY. 

this  was  the  first  court  in  the  colonies  that  established  such  an 
order. 

MEMBER  OF  THE  STAMP  ACT  CONGRESS  AT  NEW  YORK. 

The  passage  of  the  Stamp  Act  in  1705  aroused  a  storm  of 
indignation  throughout  the  colonies.  Had  its  measures  been 
carried  out,  it  would  have  been  ruinous  to  their  prosperity. 
"The  sun  of  liberty  is  now  set,"  said  Charles  Thomson,  "you 
must  light  up  the  candles  of  industry  and  economy."  To 
avert  the  threatened  evils  of  this  act,  the  legislature  of  Mass 
achusetts  proposed  to  the  other  colonies  to  appoint  delegates 
to  a  general  congress,  who  might  consult  together,  and  in  a 
dutiful  and  loyal  manner,  represent  the  condition  of  affairs  to 
the  king  and  parliament.  To  this  distinguished  body  Thomas 
McKean  was  elected  a  member  from  the  three  lower  counties 
on  the  Delaware.  His  father-in-law,  Col.  Joseph  Borden,  was 
a  member  from  New  Jersey.1  It  met  in  New  York,  October 
7,  1765,  and  brigadier  Timothy  Ruggles  was  elected  presi 
dent.  James  Otis,  of  Massachusetts,  was  one  of  the  most 
prominent  delegates,  and  Thomas  McKean  and  Caesar  Rodney 
pillars  of  the  cause  from  Delaware.2  The  congress  passed  a 
Declaration  of  Rights,  and  appointed  three  committees  to 
prepare  addresses  to  the  king,  the  lords,  and  the  commons; 
the  latter  committee  was  composed  of  Thomas  Lynch,  James 
Otis,  and  Thomas  McKean.3  The  congress  was  dissolved  on 
the  24th  of  October.  A  few  of  the  members  were  suspected 
of  being  inimical  to  its  designs,  or  of  wishing  to  ingratiate 
themselves  with  the  British  ministry ;  and  on  the  last  day  of 
the  session,  when  the  business  was  concluded,  the  president 
and  three  or  four  timid  members  refused  to  sign  the  proceed 
ings.  Mr.  McKean  then  rose  and  addressing  himself  person 
ally  to  the  president,  stated  that  as  he  had  made  no  objections 
to  the  proceedings,  he  should  now  state  his  reasons  for  refusing 
to  sign  the  petition.  The  president  replied  that  he  did  not 
consider  himself  bound  to  state  his  objections ;  but  upon  being 
pressed  by  Mr.  McKean  and  others  for  an  explanation,  he 
finally  stated  that  "It  was  against  his  conscience."  Mr. 
McKean  now  rang  the  changes  on  the  word  conscience  so  long 
and  loud,  that  a  plain  challenge  was  given  and  accepted  in 

1  A  list  of  delegates  is  given  in  Lossing's  Field  Book  of  the  Revolution, 
1860,  i.,  465.. 

2  Rise  of  the  Republic,  Richard  Frothingham,  1872. 

8  Ibid.,  and  Life  of  James  Otis,  William  Tudor,  1823. 


THOMAS   McKEAN.  19 

presence  of  the  whole  congress ;  but  the  president,  who,  how 
ever,  had  no  more  courage  to  fight  a  duel  than  he  had  to  sign 
the  proceedings,  departed  from  New  York  the  next  morning 
before  dawn  of  day.1  He  afterwards  joined  the  British,  and 
fought  against  the  colonies.2 

Mr.  Ogden,  speaker  of  the  house  of  Assembly  of  New  Jer 
sey,  also  refused  to  sign,  although  solicited  by  Mr.  McKean 
and  others  in  private.  He  at  the  same  time  desired  to  conceal 
his  action  from  the  people  of  New  Jersey,  who  were  zealous 
for  the  cause  of  America  ;  Mr.  McKean  however  would  promise 
nothing  more  than  not  to  mention  the  matter  as  he  passed 
through  New  Jersey,  unless  the  question  was  put  to  him.  The 
question  was  asked  in  several  different  towns,  and  Mr.  McKean 
stated  the  matter  without  hesitation.  The  speaker  was  burned 
in  effigy  in  his  town,  and  at  the  next  meeting  of  the  Assembly 
was  removed  from  the  office  of  speaker. 

Upon  reporting  to  the  Assembly  at  Newcastle,  Mr.  McKean 
and  Mr.  Rodney  received  a  unanimous  vote  of  thanks  of  that 
house  for  their  services. 

Mr.  McKean,  writing  to  John  Adams,  13th  of  June,  1812, 
mentions  that  he  is  the  only  survivor  of  the  Stamp  Act  Con 
gress.3 

MINOR  OFFICES. 

During  the  next  year,  1766,  Mr.  McKean  was  licensed  by 
the  governor  of  New  Jersey,  upon  the  recommendation  of  the 
judges  of  the  supreme  court,  to  practice  as  a  solicitor  in 
chancery,  attorney-at-law  and  councillor,  in  all  the  courts  of  the 
province.  On  the  28th  of  October,  1769,  he  was  appointed 
justice  of  the  peace  for  the  province  of  Pennsylvania,  and  re- 
appointed  April  10,  1773,  and  October  24,  1774.4 

Of  Mr.  McKean's  ability  as  a  lawyer,  and  his  ingenuity  in 
the  defense  of  a  client,  an  illustration  is  given  by  a  distinguished 
member  of  the  Philadelphia  bar,  David  Paul  Brown,  in  his 
work,  The  Forum  (ii.  339). 

In  a  suit  brought  by  Myers  Fisher,  a  lawyer  of  note,  against 
a  person  by  the  name  of  Buncom,  in  Chester  court,  for  slander, 
in  the  year  1774,  the  defamation  having  been  clearly  made  out, 

1  Sanderson. 

'Lossing's  Field  Book  of  the  Revolution,  1860,  i.,  465. 

*Adam's  Works,  x.,  14. 

*Penn.  Archives,  2d  series,  ix.,  643  et  seq. 


20  McKEAN   FAMILY. 

Mr.  McKean  called  some  scores  of  witnesses,  not  to  deny  the 
slander,  but  to  show  that  his  client  was  such  a  notorious  liar 
that  no  man  in  the  county  believed  anything  he  said,  and  that 
therefore  no  damages  could  possibly  have  been  sustained  by 
the  plaintiff.  And  so  the  jury  found. 

The  early  settlements  upon  the  Delaware  having  been  made 
under  the  dominion  of  a  government  and  courts  sitting  at  New 
York,  it  eventually  became  very  inconvenient  to  consult  the 
original  records ;  hence  Mr.  McKean  was  selected  by  the  As- 
semby  in  1769,  to  proceed  to  New  York,  and  there  obtain 
copies  of  all  documents  relating  to  real  estate  in  the  Delaware 
counties,  prior  to  the  year  1700.  This  duty  he  satisfactorily 
performed,  and  the  copies  thus  procured  were  established  by  law 
as  of  equal  authority  with  the  original  documents.1  In  1771 
he  was  appointed  by  the  commissioners  of  his  majesty's  customs, 
collector  of  the  port  of  Newcastle. 

SPEAKER  OF  THE  HOUSE  OF  ASSEMBLY. 

In  October  1772,  Mr.  McKean  was  unanimously  elected 
Speaker  of  the  House  of  Assembly  of  Delaware.  He  writes 
to  Mr.  Adams  that  he  was  unanimously  elected,  although  only 
six  of  the  members  were  Whigs.2 

The  "Tea  Act,"  so  known,  which  went  into  effect  a  year 
later,  aroused  more  indignation  than  the  Stamp  Act.  The  Del 
aware  House  of  Representatives  referred  the  matter  to  a  com 
mittee,  of  whom  Mr.  McKean  was  chairman.  The  committee 
reported  October  28,  1773,  recommending  a  committee  of  cor 
respondence  of  five  members,  which  report  was  adopted,  and 
Colonel  Rodney  the  speaker,  George  Read,  Thomas  McKean, 
John  McKinly,  and  Thomas  Robinson,  were  chosen  to  be  "A 
Committee  of  Correspondence  and  Communication."  On  De 
cember  16th  of  this  year,  the  tea  was  thrown  overboard  in 
Boston.3  When  the  Boston  Port  Bill  was  passed  in  March, 
1774,  closing  the  port  of  Boston,  the  colonies  sent  aid  for  the 
sufferers  in  that  city.  The  Delaware  letter  was  signed  by 
Caesar  Rodney,  Thomas  McKean,  and  GeorgeRead.4  And  at  a 
meeting  of  citizens  held  at  Newcastle,  June  29,  1774,  a  com 
mittee  of  thirteen  was  appointed  to  solicit  contributions  for  the 

1  Armor's  Lives  of  Governors  of  Penn.,  1872. 
7  Works  of  John  Adams,  C.  F.  Adams,  x.,  82. 
'Scharfs  Hist.  Del.,  1888,  i.,  215. 
*Frothingham,  Rise  of  the  Republic,  p.  387. 


THOMAS  McKEAN.  21 

sufferers,  among  the  members  being  Thomas  McKean,  George 
Read,  and  John  McKinly.1 

SECOND  MARRIAGE. 

About  this  time,  Mr.  McKean  met  with  a  serious  affliction 
in  the  death  of  his  wife,  on  Friday,  the  12th  of  March,  1773,2 
at  half-past  eleven  o'clock,  in  the  29th3  year  of  her  age,  leav 
ing  two  sons  and  four  daughters,  one  of  the  latter  being  an 
infant  two  weeks  old.  A  notice  of  her  death  appears  in  the 
Pennsylvania  Gazette  of  March  17th.  She  was  buried  on 
the  Sunday  following,  in  the  burial  ground  of  Immanuel  Church, 
Newcastle.4  A  crayon  likeness  of  Mrs.  McKean  is  in  pos 
session  of  Mrs.  Sarah  P.  Wilson,  of  Philadelphia. 

Not  long  after  this  event,  either  in  the  same  year  or  more 
probably  in  the  following  year,  Mr.  McKean  removed  his  resi 
dence  to  Philadelphia,  although  he  also  retained  his  house  in 
Newcastle. 

On  Saturday,  September  3d,  1774,6  Mr.  McKean  was  mar 
ried  a  second  time,  to  Miss  Sarah  Armitage,  of  Newcastle. 
They  were  married  by  the  Rev.  Joseph  Montgomery,6  who 
was,  as  I  have  ascertained,  pastor  of  the  First  Presbyterian 
Church  at  Newcastle,  from  1765  to  1777.  No  records  of  that 
church  are  now  in  existence  prior  to  1842.7 

THE  CONTINENTAL  CONGRESS. 

The  political  troubles  of  the  colonies  had  been  increasing  to 
such  an  extent,  that  a  correspondence  naturally  arose  among 
the  leading  and  influential  characters  throughout  the  continent; 
public  meetings  were  held  in  various  places,  and  it  was  finally 
agreed  to  call  another  general  congress  of  the  colonies  to  meet 

lLife  of  Geo.  Read,  W.  T.  Read  ;  the  name  wrongly  spelled  McKinley. 

2  Not  February,  1*773,  as  stated  in  Sanderson's  Lives. 

*  Gov.  McKean's  Bible  record,  in  possession  of  H.  P.  McKean,  Esq. 

Mbid. 

5 Ibid.  Not  Thursday,  as  given  in  Sanderson.  Gov.  McKean's  record, 
however,  does  not  give  the  day  of  the  week  to  this  date. 

•Ibid. 

TI  regret  that  I  have  been  unsuccessful  in  finding  anything  about  her 
family  or  history.  None  of  the  name  now  live  in  Newcastle ;  an  old  resi 
dent  there  tells  me  that  he  knows  nothing  of  the  name.  The  church 
records  are  also  defective  or  destroyed. 


22  McKEAN  FAMILY. 

in  Philadelphia  on  the  first  Monday  in  September,  1774. l 
The  three  Delaware  counties  met  in  convention,  August  1, 
1774,  of  which  Mr.  McKean  was  a  member  from  Newcastle 
county.  The  credentials  of  the  Newcastle  delegates  were 
signed  by  Thomas  McKean,  chairman  of  the  county  committee. 
This  convention2  elected  Caesar  Rodney,  Thomas  McKean  and 
George  Read  as  their  delegates  to  Congress.  "  Thomas  Mc 
Kean,"  says  Bancroft,  "was  the  leading  delegate  from  Dela 
ware,"3  and  on  the  5th  of  September,  took  his  seat  in  this  au 
gust  assemblage,  of  which  he  became  an  invaluable  ornament, 
and  from  that  day  his  country  claimed  him  as  her  own.4  San 
derson  states  that  he  was  annually  elected  a  member  until  the 
first  of  February,  1783,  and  is  the  only  member  who  served 
from  its  opening  until  after  the  preliminaries  of  peace  of  1783 
were  signed.  He  was,  however,  not  a  member  during  1777. 
The  delegates  produced  their  credentials  and  took  their  seats 
at  very  irregular  times,  and  twice  the  state  was  not  represented. 
The  Journals  of  Congress  (Way  and  Gideon,  18*23),  show 
that  the  Delaware  delegates  took  their  seats  as  follows: 

i.       1.  Sept.  5,  1774.     Cassar  Rodney,  Thomas  McKean  and 
George  Read  are  delegates  at  the  opening  of  Con 
gress. 
50-2   May  10,  1775.     C.  Rodney,  Thomas  McKean,  George 

Read. 

568.  Dec.  2,  1776.  George  Read,  John  Dickinson  and 
John  Evans.  (George  Read  appears  to  have  been 
rather  opposed  to  McKean  politically.  In  Sander 
son's  Life  of  Caesar  Rodney,  it  is  stated  that  about 
this  time  the  royalist  party  and  the  lukewarm  in  the 
lower  counties  contrived  to  come  into  a  majority  for 
a  while,  "and  one  of  their  earliest  acts  was  to  remove 
Mr.  Rodney  and  Mr.  McKean,  two  delegates  who 
had  in  every  instance  shown  themselves  the  uncom 
promising  friends  of  liberty.") 
ii.  22.  Jan.  24,  1774.  No  delegates  from  Delaware.  The 

President  directed  to  inform  the  State. 
73.  April  4,  1777.     George  Read,  Nicholas  Van  Dyke, 

and  James  Sykes. 

368.  Aug.  15,  1777.     No  delegates  from  Delaware.     The 
President  directed  to  inform  the  State. 

1  It  met  at  Carpenter's  Hall,  dissolved  itself  in  October,  met  May  10,  1775, 
in  the  State  House. — Reminiscences  of  Carpenter's  Hall. 

aSee  Birth  of  the  Republic,  Daniel  W.  Goodloe,  1889,  p.  234. 
8  Hist.  U.  S.,  viii.  75. 
4  Sanderson's  Lives. 


THOMAS  MoKEAN".  23 

423.  Jan.  30,   1778.     Caesar  Rodney,  Nicholas  Vandyke1 

and  Thomas  McKean. 
iii.       19.  Aug.  15,  1778.     Mr.  McKean  attended  and  resumed 

his  seat. 

427.  Jan.  27,    1780.     Mr.  Vandyke  produced  his  creden 
tials. 

581.  Feb.  26,  1781.     Mr.    McKean   attended    and    pro 
duced  the  credentials  of  the  delegates  from  Dela 
ware  (names  not  given). 
581.  Feb.  27,  1781.     Mr.  Rodney  attended  and  took  his 

seat. 

592.  March  2,  1781.     Congress    reorganized    under    the 
Articles    of    Confederation.     All    the    delegates' 
names  are  entered  on  the  Journal.     From  Dela 
ware,  Thomas  Rodney  and  Thomas  McKean. 
651.  July  26,   1781.     Mr.  Vandyke  attended. 
714.  Jan.  28,  1782.     Mr.  T.  Rodney  and  Mr.  McKean 

attended  and  took  their  seats. 

718.  Feb.  14,   1782.     Mr.  McKean  produced  the  creden 
tials  of  Thomas   McKean,  Philemon  Dickinson, 
Caesar  Rodney  and    Samuel  Wharton,   delegates 
for  the  present  year. 
725.  Feb.  25,  1782.     Mr.   Wharton   attended   and    took 

his  seat. 

iv.  172-3.  March  10,  1783.  Eleazer  M'Comb  and  Gunning 
Bedford  appeared  and  produced  the  credentials 
of  Csesar  Rodney,  James  Tilton,  Eleazer  M' 
Comb  and  Gunning  Bedford,  delegates  from 
Delaware,  elected  February  1,  1783. 
The  term  of  service  of  Thomas  McKean  here  ends. 

On  the  20th  of  October,  1774,  Congress,  as  a  retaliatory 
measure,  entered  into  a  "non-importation,  non-consumption, 
and  non-exportation  agreement  or  association,"  signed  by  fifty- 
three  members,  including  Thomas  McKean  and  George  Read, 
of  the  lower  counties.2 

Soon  after  taking  his  seat,  Mr.  McKean  was  appointed 
one  of  the  committee  to  state  the  rights  of  the  colonies,  the 
various  instances  in  which  those  rights  had  been  violated, 
and  the  means  most  proper  for  the  restoration  of  them ; 
also  on  hearing  and  determining  appeals  in  libel  cases  in 
the  Court  of  Admiralty ;  besides  other  less  important  com 
mittees.  He  was,  however,  particularly  useful  in  conducting 

*A  variation  in  spelling  will  be  noticed. 

2  Birth  of  the  Republic,  D.  W.  Goodloe,  1889,  p.  80-5.  Fac  similes  of  sig 
natures  may  be  found  in  J.  J.  Smith's  Am.  Hist,  and  Lit.  Curiosities,  pi.  liii. 


24  McKEAN  FAMILY. 

negotiations  of  the  Secret  Committee,  charged  with  procur 
ing  arms  and  ammunition  from  abroad;  and  in  managing 
the  monetary  affairs  of  the  new  nation ;  two  of  the  most  im 
portant  and  difficult  subjects  with  which  Congress  had  to  deal.1 
But  the  most  important  committee  of  all  was  that  appointed 
June  12,  1776,  to  prepare  the  Articles  of  Confederation  be 
tween  the  colonies,  which  will  be  recurred  to  in  its  proper  place. 
Of  his  subsequent  services,  it  is  mentioned  in  the  papers  of 
James  Madison,2  that  Mr.  McKean  proposed  a  conditional  ex 
change  of  Cornwallis  for  Col.  H.  Laurens,  on  condition  that  a 
general  cartel  should  be  acceded  to  ;  and  that  he  advocated 
coercion  towards  Vermont  by  moving  to  postpone  the  report  of 
a  committee  in  the  matter,  to  make  way  for  a  set  of  resolutions, 
declaring  Vermont  in  contempt  of  the  authority  of  Congress, 
in  exercising  jurisdiction  over  certain  persons  professing  alle 
giance  to  New  York,  that  Vermont  be  required  to  make  resti 
tution  for  property  taken  from  them,  and  in  the  event  of  refusal, 
Congress  to  enforce  it;  and,  on  the  part  of  Delaware,  he  in 
sisted  on  an  equality  of  representation  among  the  States. 


THE  COMMITTEE  OF   INSPECTION   AND    OBSERVATION,  AND  THE 
ASSOCIATORS. 

In  the  troublous  times  now  approaching,  the  people  through 
out  the  colonies  elected  Committees  of  Inspection  and  Observa 
tion,  Committees  of  Correspondence,  Committees  of  Safety, 
etc.,  and  enrolled  themselves  in  military  organizations. 

The  Committees  of  Correspondence3  were  chosen  during  the 
winter  of  1773-4  by  the  several  Assemblies,  upon  recommen 
dation  of  the  House  of  Burgesses  of  Virginia.  Thomas  McKean 
was  one  of  the  Delaware  Committee,  as  related  on  a  previous 
page.  The  Philadelphia  Committee  of  Inspection  and  Cor 
respondence,  consisting  of  forty-three  members,  was  appointed 
June  18, 1774.  A  new  committee  of  sixty-seven  members  for 
the  city,  and  forty-two  for  the  county,  was  appointed  in  May, 
1775,  but  Mr.  McKean's  name  does  not  appear  in  these  lists;* 
and  it  is  not  known  when  he  joined.  This  is  certain,  however, 
that  he  did  join,  for  he  was  a  member  in  November  1775  or 

1  Armor's  Lives  of  the  Govs.  of  Penn. 

2  Purchased  by  Congress,  and  published  by  Henry  D.  Gilpin,  1841,  pp. 
18*7-99,  206-14-20,  751-2. 

'See  Frothingham  on  this  subject, p.  312  et  seq. 
*Scharf  and  Westcott,  i,  289-92. 


THOMAS  McKEAN.  25 

earlier,  and  subsequently  became  chairman.  It  may  be  con 
jectured  that  as  Delaware  was  in  a  measure  considered  "  the 
Three  Lower  Counties  of  Pennsylvania,"  the  Delaware  Com 
mittees  was  merged  in  with  the  Philadelphia  Committee. 
There  were  six  sub-Committees  of  Inspection  and  Observation 
in  Philadelphia.1 

The  Committee  of  Safety  in  Pennsylvania  was  constituted  by 
the  Assembly  June  30,  1775,  composed  of  some  of  the  most 
prominent  men  in  the  colony  ;  Henry  Wynkoop,  Anthony 
Wayne,  Edward  Biddle,  Thomas  Willing,  Benjamin  Franklin, 
Daniel  Roberdeau,  John  Cadwallader,  Robert  Morris,  Thomas 
Wharton,  and  others,  in  all  twenty-five,  of  whom  seven  con 
stituted  a  quorum. 

As  early  as  May  1,  1775,  a  list  was  made  out  of  persons  in 
the  middle  ward  of  Philadelphia,  (lying  west  of  Fourth  street, 
and  between  Market  and  Chestnut  streets,)  "  able  and  willing  to 
bear  arms,"  in  which  appears  the  name  of  Thomas  McKean.2 
Under  this  date  the  "  roll  call  of  Captain  John  Little's  com 
pany,  2d  battalion"  gives  about  seventy-four  names,  among 
whom  Daniel  C.  Clymer  is  first  lieutenant,  and  Thomas  McKean 
one  of  the  privates,  chiefly  enrolled  from  the  middle  ward  of 
the  city.3 

The  military  organization  in  Pennsylvania  called  itself  the 
Associators;  and  being  at  first  voluntary,  became  afterwards 
compulsory.  They  were  governed  by  a  board  of  officers,  and 
a  board  of  privates.  Of  the  former  Colonel  Daniel  Roberdeau 
of  the  2d  battalion  was  elected  president.  Their  Code  of 
Rules  was  approved  by  the  Council  of  Safety  ;  and  soon  after, 
on  the  8th  of  November,  1775,  was  enforced  by  the  Assembly, 
in  an  act  enrolling  all  white  males  between  the  ages  of  sixteen 
and  fifty,  fining  those  who  would  not  bear  arms.  While  this 
bill  was  pending,  the  Quakers,  a  large  and  influential  body  in 
Pennsylvania — a  majority  of  whom  were  Tories — protested 
against  its  passage.*  To  neutralize  the  effect  of  this,  the  Com 
mittee  of  Correspondence  directed  Thomas  McKean,  George 
Clymer,  Jonathan  Bayard  Smith,  Benjamin  Jones,  Sharpe 
Delaney,  John  Wilcox,  and  Timothy  Matlack,  to  prepare  a  re- 

1  Scharf  and  Westcott,  i,  290-3. 

2  Hist.  Berks  and  Lebanon  Cos.,  Pa.,   I.   D.  Rupp,   1844,  p.  401,  quoting 
the  papers  of  Col.  D.  C.  Clymer. 

3  MSS.  of  D.  C.  Clymer.     See  Genealogy  of  the  Roberdeau  Family,  pp.  66. 
130. 

4  Genealogy  of  the  Roberdeau  Family,  1876,  p.  60-1. 


2f>  McKKAN   FAMILY. 

monstrance,  and  with  it  the  committee  marched  to  the  State 
House.1  The  board  of  officers,  through  its  chairman  Colonel 
Daniel  Roberdeau,  likewise  presented  a  remonstrance  to  the 
Assembly. 

About  May,  1776,  two  more  battalions  were  added  to  the 
Associators  ;  the  4th,  Colonel  Thomas  McKean,  and  the  5th, 
Colonel  Timothy  Matlack,  with  Daniel  C.  Clymer  as  lieutenant 
colonel.2 

RESOLUTION  OF  THE   15TH    OF   MAY,    AND    MEETING  OF 

MAY  20TH,  me. 

The  disagreement  between  England  and  the  colonies  con 
tinued  to  increase  ;  the  king  and  ministry  made  no  reply  to 
overtures  of  reconciliation  that  had  been  made  by  the  colonies, 
until  at  last,  weary  of  vain  efforts,  Congress,  on  the  15th  of 
May  passed  an  important  act — the  first  of  a  series  of  events, 
which  culminated  in  the  Declaration  of  Independence — recom 
mending  to  the  Colonies,  that  where  no  government  sufficient 
to  the  exigencies  of  their  affairs  had  been  established,  to  adopt 
such  government,  and  that  all  authority  under  the  crown  should 
be  suppressed,  and  all  powers  be  under  the  authority  of  the 
people.  Some  members  in  Congress  opposed  this,  but  Mr. 
McKean  was  strongly  in  favor.,  and  said,  "  that  the  step  must 
be  taken,  or  liberty,  property  and  life  be  lost."3 

On  the  23d,  an  address  signed  by  William  Hamilton,  chair 
man,  asked  the  Assembly  to  adhere  to  its  instructions  to  the 
Pennsylvania  delegates  in  Congress  against  independence. 
To  oppose  the  influence  of  this  petition,  the  next  day  the 
Committee  of  Inspection  and  Observation  came  together, 
with  Mr.  McKean  as  chairman,  and  addressed  a  memorial 
directly  to  Congress,  that  the  Assembly  did  not  possess  the 
confidence  of  the  people.4 

"  Pennsylvania  was  now  fairly  alive  with  the  idea  of  independ 
ence.  Nowhere  had  the  question  been  more  thoroughly  discussed 
than  in  its  press,  and  nowhere  was  the  opposition  more  strongly 
intrenched,  for  it  had  on  its  side  the  proprietary  government. 
The  tories  could  point  to  the  instructions  of  the  Assembly  as 

Ubid.,  and  Scharf  and  Westcott,  Hist.  Phila.,  p.  302. 

2  Scharf  and  Westcott,  p.  307,  and  Penn.  in  War  of  Rev.,  W.  H.  Egle,  1887, 
i,  556.  Thos.  McKean  is,  however,  referred  to  as  colonel  as  early  as  April 
22,  1776.—  Col.  Rec.,  x.,  548. 

'Bancroft,  Hist.  U.  S.,  1860,  viii,  368. 
*Ibid.,  viii,  386-7. 


THOMAS  McKEAN.  27 

the  voice  of  one-eighth  of  the  inhabitants  of  America.  On  this 
well-prepared  soil  fell  the  resolution  of  the  fifteenth  of  May. 
The  principle  it  embodied  was  accepted  by  the  popular  party 
as  their  rule  of  action.  To  give  expression  to  the  public  sen 
timent,  a  great  public  meeting  was  held  on  the  20th  of  May,  at 
the  State  House,  which  was  called  to  order  by  Major  John 
Bayard,  a  man  of  singular  purity  of  character,  brave  and  de 
vout,  in  which  Colonel  Daniel  Roberdeau,  a  gallant  soldier  of 
the  Revolution,  presided,  and  Thomas  McKean,  an  eminent 
civilian,  took  part."1  The  resolution  of  the  loth  of  May  was 
read  and  approved.  A  protest  was  drawn  up,  and  agreed  to, 
against  the  Assembly  forming  a  new  government  (as  that  should 
emanate  from  the  people).  The  protest  was  presented  to  the 
Assembly  on  the  22d,  and  laid  on  the  table.  The  meeting  was 
held  in  the  rain,  nevertheless  four  thousand  people  were  pres 
ent.2  A  very  full  account  of  this  meeting,  with  the  resolutions 
and  protest,  is  given  in  Force's  American  Archives.  (Ser.  IV, 
vi.,  517-19-845.) 

This  great  demonstration  was  felt  throughout  the  province. 
The  position  it  took  was  responded  to  by  local  committees, 
public  meetings,  and  military  battalions.  Following  only  five 
days  after  the  passage  of  the  resolution  of  Congress,  its  prompt, 
firm  and  decided  action  very  greatly  paved  the  way  for  the 
Declaration  of  Independence  six  weeks  later. 

The  people  having  thus  approved  the  resolution  of  Congress, 
"  that  all  powers  should  be  under  the  authority  of  the  people," 
and  having  protested  against  the  Assembly  forming  a  new  gov 
ernment,  the  Committee  of  Observation  of  Philadelphia,  the 
next  day,  issued  a  call  to  the  committees  of  the  several  counties, 
to  send  deputies  to  a  Provincial  Convention.3  Thomas  Mc 
Kean,  as  chairman  of  the  committee,  then  presented  a  memorial 
to  Congress,  stating  that  the  instructions  of  the  Pennsylvania 
Assembly  to  their  delegates  have  a  tendency  to  withdraw  the 
province  from  its  union  with  the  other  colonies,  and  this  com 
mittee  has  called  a  meeting  of  all  the  committees  of  the  prov 
ince  to  take  action  in  the  matter.4 

On  the   6th  of  June,  the    4th  battalion,  Colonel  McKean, 

1  Rise  of  the  Republic,  Richard  Frothingham.     See  also    Genealogy  of  the 
Roberdeau  Family,  62,  and  Scharf  and  Westcott,  p.  312. 

2  Scharf  and  Westcott,  p.  312.     Also  Diary  of  Christopher  Marshall,  William 
Duane,  1877. 

3  Frothingham,  522. 

*  Force's  American  Archives,  IV.,  vi,  560,  689. 


28  McKEAN  FAMILY. 

unanimously  agreed  to  support  the  resolution  of  Congress  of 
the  15th  of  May  and  the  proceedings  of  the  meeting  of  May 
20th.1  Other  battalions  likewise  passed  similar  resolutions. 

In  June  also,  on  the  14th,  the  Delaware  Assembly,  at  the  in 
stance  of  Mr.  McKean,  unanimously  approved  the  resolution  of 
Congress  of  the  15th  of  May,  overturning  the  proprietary  gov 
ernment  within  her  borders.2 

CONVENTION  OF  DEPUTIES  AT  CARPENTER'S  HALL. 

This  important  convention,  which  commenced  on  the  18th  of 
June  1776,  was  the  immediate  result  of  the  meeting  of  May 
20th,  and  is  that  referred  to  above  in  the  memorial  of  Thomas 
McKean  to  Congress.  Deputies,  to  the  number  of  104,  at 
tended  from  all  the  committees  in  the  province  ;  Colonel  Mc 
Kean,  chairman  of  the  City  Committee,  called  the  meeting  to 
order,  and  stated  its  object.  In  its  organization,  Colonel 
McKean  was  made  president,  Colonel  Joseph  Hart,  vice- 
president,  Jonathan  Bayard  Smith  and  Samuel  Cadwallader 
Morris,  secretaries  ;  Benjamin  Franklin,  Colonel  John  Bay 
ard,  Timothy  Matlack,  and  Dr.  Benjamin  Rush  were  among 
those  present.  The  resolution  of  the  15th  of  May  was  read, 
and  it  was  resolved  "  that  the  present  government  of  the 
province  was  not  competent  to  the  exigencies  of  our  affairs." 
Afterwards  the  convention  provided  for  a  general  Provincial 
Convention  from  the  whole  province,  to  be  elected  by  the 
people,  to  form  a  government  for  the  state.  This  present 
convention  in  the  interim  seems  now  to  have  taken  upon  itself 
the  general  management  of  most  of  the  affairs  of  the  province  ; 
it  is  appealed  to  to  settle  disputes,  takes  action  to  raise  a  Fly 
ing  Camp ;  and  on  the  23d  the  chairman,  Colonel  McKean, 
Dr.  Rush,  and  Colonel  James  Smith3  are  a  committee  to  pre 
pare  a  Declaration,  which  was  agreed  to  on  the  24th ;  that  the 
deputies  are  willing  to  concur  in  a  vote  of  Congress  "  declaring 
the  united  colonies  free  and  independent  states.'9  The  con 
vention  then  adjourned,  and  this  Declaration,  signed  by  Thomas 
McKean,  president,  was  by  him  delivered  the  next  day  directly 
to  Congress.* 

Ubid.,  784. 

*  Bancroft,  viii.,  436;  Life  of  George  Read,  W .   T.   Read,   1870,   p.   245; 
Birth  of  the  Republic,  Goodloe,  242. 

•Not  Franklin,  as  stated  in  Sanderson's  Lives. 

*  Force's  American  Archives,  IV,  vi,  951-66,  1721 ;  Frothingham's  Rise  of 
the  Republic,  522-3  ;  Bancroft's  History,  viii.,  445  et  seg.;  Niles'  Principles  and 
Acts  of  the  Revolution,  252  ;  Diary  of  Chr.  Marshall,  Duane,  p.  78  ;  Scharf  and 
Westcott,  Hist.  Phil.,  321  et  seq.;  Hickey's  Constitution,  1853,  p.  194. 


THOMAS  McKEAN.  29 

THE  DECLARATION  OF  INDEPENDENCE. 

Following  close  upon  the  convention  at  Carpenter's  Hall, 
and  encouraged  by  their  fearless  Declaration,  Congress  on  the 
1st  of  July  resumed  the  debate  upon  the  resolution  before  that 
body  which  had  been  postponed  from  the  10th  of  June  ;  and 
on  the  2d  of  July,  1776,1  agreed  to  the  resolution  reported 
from  the  Committee  of  the  Whole,  "  That  these  United  Colo 
nies  are,  and  of  right,  ought  to  be,  Free  and  independent 
States.  .  .  .  ."  The  committee  asked  leave  to  sit  again,  and 
likewise  made  the  same  request  on  the  3d.  On  the  4th  of 
July,  1776,  the  committee  reported  the  DECLARATION  to  Con 
gress,  when  it  was  unanimously  agreed  to.3  There  is  no  ac 
count  of  the  debates  on  Independence :  Adams  spoke,  as  did 
McKean,  but  we  have  no  report  of  what  they  said.3  R.  H. 
Lee,  Wythe,  Gerry,  Jefferson,  and  Samuel  Adams  also  gave 
their  voices  in  favor.*  "  Did  the  able  and  indomitable  Mc 
Kean  remain  silent?"  says  Randall,  in  his  "Life  of  Thomas 
Jefferson.''5 

When  the  vote  was  taken  on  the  2d  of  July  in  Committee  of 
the  Whole,  Mr.  McKean  voted  for,  and  Mr.  Read  against  the 
resolution:  the  vote  of  Delaware  was  thus  divided  and  lost 
(all  votes  being  taken  by  States).  Every  State,  except  Penn 
sylvania  and  Delaware,  had  voted  in  favor  of  the  measure ; 
and  it  was  of  great  importance  to  secure  a  unanimous  vote. 
Mr.  McKean,  therefore,  without  delay  dispatched  an  express, 
at  his  own  expense,  for  Mr.  Rodney,  who  was  then  in  Dela 
ware.  That  gentleman  hastened  to  Philadelphia,  and  arrived 
at  the  State  House,  in  his  boots  and  spurs,  just  in  time  on  the 
morning  of  the  4th  to  cast  his  vote  in  favor,  and  the  vote  of 
Delaware  was  secured.  Two  Pennsylvania  delegates  absented 
themselves,  and  that  State  was  also  united  with  the  majority, 
making  the  vote  unanimous.6 

These  circumstances  are  related  by  Mr.  McKean  in  a  letter 
to  Governor  Thomas  Rodney,  dated  August  22,  1813,7  and 

1Not  1st,  as  stated  in  Sanderson's  Lives. 

2  Journals  of  Congress,  ed.  It1?1?.     See  also   Rickey's  Constitution,  p.  195  et 
seq. 

3  Frothingham,  534-7. 

*  Historic  Account  of  Old  State  House,  F.  M.  Etting,  p.  96. 
6 1.  183. 

6  Sanderson's  Lives :  Lives  of  McKean  and  of  Rodney. 

7  In  possession  of  T.  M.  Rodney,  Esq.,  pub.  in  fac-simile  in  Brotherhead's 
Book  of  the  Signers,  Phila.,  1861,  and  also  a  portion,  not  the  whole,  in  Harp. 
Mag.,  vol.  Ixvii.,  p.  208  et  seq. 

3 


80  McKEAN  FAMILY. 

again  in  a  letter  to  John  Adams,  January  7,  1814,  quoted 
nearly  in  full  on  a  subsequent  page. 

Recent  historians  are  of  opinion  that  Mr.  McKean  is  mistaken 
as  to  a  day  or  two ;  that  his  patriotic  and  successful  endeavor 
to  bring  Rodney  up  from  Delaware,  was  that  he  might  vote  on 
the  main  question — the  Resolution  of  Independence  on  the  2d 
of  July.1 

The  incident  just  related  forms  the  subject  of  a  poem  by  the 
well-known  writer  George  Alfred  Townsend.2  Thomas  Mc 
Kean' s  soliloquy,  as  he  waits  upon  the  State  House  steps  for 
Mr.  Rodney,  and  the  concluding  stanzas,  are  as  follows : 

"  Read  is  skulking  ;  Dickinson  is 

With  conceit  and  fright  our  foeman, 
Wedded  to  his  Quaker  monies," 

Mused  the  grim  old  rebel  Roman ; 
"  Pennsylvania,  spoiled  by  faction, 

Independence  will  not  dare ; 

Maryland  approves  the  action  ; 

Shall  we  fail  on  Delaware  ?  " 

In  the  tower  the  old  bell  rumbled, 

Striking  slowly  twelve  o'clock. 
Down  the  street  a  hot  horse  stumbled, 

And  a  man  in  riding  frock, 
With  a  green  patch  on  his  visage, 

And  his  garments  white  with  grime. 
"  Now  praise  God !"  McKean  spoke  grimly, 
'*  Caesar  Rodney  is  on  time." 

Silent,  hand  in  hand  together, 

Walked  they  in  the  great  square  hall ; 
To  the  roll  with  "Aye"  responded 

At  the  clerk's  immortal  call ; 
Listened  to  the  Declaration  % 

From  the  steeple  to  the  air  : 
"Here  this  day  is  made  a  nation, 

By  the  help  of  Delaware  !  " 

MR.  McKEAN'S  SERVICES  IN  FAVOR  OF  THE  DECLARATION. 

Let  us  now  briefly  recapitulate  Mr.  McKean's  services  in 
favor  of  the  Declaration,  as  above  related :  First,  as  a  member 
of  Congress,  he  assisted  in  passing  the  resolution  of  the  15th 

1  Mellen  Chamberlain's  Authentication. 

^Poetical  Addresses,  Bonaventure  &  Co.,  N.  Y.,  1881 ;  Csesar  Rodney's  4th 
of  July. 


THOMAS  McKEAN.  31 

of  May.  Next  as  an  "eminent  civilian,"  he  was  the  chief 
speaker  at  a  meeting  of  citizens  which  ratified  the  resolution. 
As  chairman  of  the  Philadelphia  Committee,  he  issues  a  call  for 
a  meeting  of  deputies  of  all  the  committees  in  the  State,  and 
also  reports  this  to  Congress.  As  Colonel  of  a  battalion  he 
joins  his  command,  and  the  resolution  is  again  ratified  ;  he 
takes  the  chair  as  Speaker  of  the  Assembly  of  Delaware,  and 
at  his  instance  the  resolution  is  again  ratified ;  he  calls  to  or 
der  the  meeting  of  deputies  at  Carpenter's  Hall,  who  have  met 
together  in  answer  to  his  call,  and  is  made  chairman.  The 
meeting  agrees  to  support  a  vote  of  Congress,  that  these  colo 
nies  are/r<?e  and  independent  States.  As  a  privileged  dele 
gate  from  this  meeting,  he  walks  into  Congress  and  lays  the 
report  before  that  body.  He  votes  for  the  Declaration  in 
Committee  of  the  Whole,  but  his  vote  is  neutralized  by  Mr. 
Read,  who  votes  against  him ;  he  sends  an  express  at  his  own 
expense  for  Mr.  Rodney,  and  on  the  2d,  and  on  the  memorable 
4th  of  July,  with  Mr.  Rodney  outvotes  Mr.  Read,  and  secures 
a  unanimous  vote. 

Had  it  not  been  for  Mr.  McKean's  exertions,  the  engrossed 
Declaration  could  not  have  been  headed  as  it  now  is — The 
UNANIMOUS  Declaration  of  the  Thirteen  United  States.  For 
tunate  for  the  country  was  it  that  Mr.  McKean  held  so  many 
offices  to  give  him  these  opportunities ;  and  fortunate,  too,  that 
he  was  a  man  of  sufficient  energy  and  activity  to  make  use  of 
them  to  the  best  advantage, 

THE  DECLARATION  OF  INDEPENDENCE.— HOW  SIGNED. 

It  is  a  general  popular  belief  that  the  Declaration  of  In 
dependence  was  signed  on  the  4th  of  July,  1776,  as  it  now 
appears  by  those  whose  names  are  inseparably  a  part  of  it. 
The  engrossed  Declaration  implies  this,  strengthened  by  the 
printed  journals  of  Congress.  The  first  to  challenge  this  com 
monly  received  opinion,  according  to  Judge  Chamberlain  in  his 
Authentication,  was  Mr.  McKean;  and  since  his  day  many 
eminent  writers  have  discussed  the  subject.  Even  the  signers 
themselves — McKean,  Jefferson  and  Adams,  give  conflicting 
accounts  of  the  matter. 

The  question  as  stated  by  Judge  Chamberlain  is  this :  "  Was 
the  draught  of  the  Declaration  of  Independence,  which,  after 
various  amendments,  was  finally  agreed  to  on  the  afternoon  of 
July  4th,  forthwith  engrossed  on  paper,  and  thereupon  sub 
scribed  by  all  the  members  then  present  except  Dickinson  1" 


32  McKEAN   FAMILY. 

A  secondary  question  :  "  Was  the  Declaration  signed  by  any 
one  on  July  4th,  1776?"  seems  to  be  an  issue  not  heretofore 
raised  by  any  historian  ;  but  tacitly  accepted  in  the  affirmative 
as  an  established  fact.  The  author  has  discussed  this  question 
on  a  subsequent  page. 

Mr.  McKean  explicitly  denies  in  four  separate  letters,  that 
the  Declaration  was  generally  signed  on  July  4th :  First,  in 
a  letter  to  Alexander  J.  Dallas,  dated  September  26,  1796, 
and  published  in  "  Sanderson's  Lives  ;  "  secondly,  in  the  above 
mentioned  letter  to  Governor  Rodney  of  August  22,  1813  ; 
thirdly,  in  the  letter  to  Mr.  Adams  of  January,  1814,1  also 
above  mentioned  —  these  two  letters  last  named  are  almost 
identical,  word  for  word,  in  the  portions  relating  to  this  matter 
under  discussion  ;  &n&,  fourthly ,  in  a  letter  of  June  16,  1817 
(eight  days  before  his  death),  to  William  McCorkle  and  Son,2 
in  which  the  letter  to  Mr.  Dallas  is  largely  quoted. 

In  the  first  named  letter,  September  26,  1796,  in  speaking 
of  the  printed  journals,  Mr.  McKean  says  : 

"  By  the  printed  publications  referred  to,  it  would  appear  as  if 
the  fifty-five  gentlemen  whose  names  are  there  printed,  and  none 
other,  were  on  that  day  personally  present  in  congress  and  as 
senting  to  the  Declaration  ;  whereas  the  truth  is  otherwise.  .  .  . 

"  Modesty  should  not  rob  any  man  of  his  just  honor,  when  by 
that  honor  his  modesty  cannot  be  offended.  My  name  is  not 
in  the  printed  journals  of  congress  as  a  party  to  the  Declaration 
of  Independence;  and  this,  like  an  error  of  the  first  concoction,  has 
vitiated  most  of  the  subsequent  publications ;  arid  yet  the  fact  is, 
that  I  was  then  a  member  of  congress  for  the  state  of  Delaware, 
was  personally  present  in  congress,  and  voted  in  favor  of  independ 
ence  on  the  fourth  of  July,  1776,  and  signed  the  declaration 
after  it  had  been  engrossed  on  parchment,  where  my  name  in  my 
own  handwriting  still  appears. 

4<I  do  not  know  how  the  misstatement  in  the  printed  journals 
has  happened.  The  manuscript  public  journal  has  no  names  an 
nexed  to  the  Declaration  of  Independence,  nor  has  the  secret  jour 
nal  ;  but  it  appears  by  the  latter,  that  on  the  nineteenth  day  of 
July,  1776,  the  congress  directed  that  it  should  be  engrossed  on 
parchment  and  signed  by  every  member,  and  that  it  was  so  pro 
duced  on  the  second  of  August,  and  signed.  This  is  interlined  in 
the  secret  journal,  in  the  handwriting  of  Charles  Thomson,  esquire, 

1  Niks'  Reg.,  July  12,  1817,  xiL,  305  et  seq.  ;  Adams'  Works,  C.  F.  Adams, 
x.,  87 ;  Mass.  Hist.Col.,  5th  Ser.,  iv.,  505,  and  partly  quoted  in  Judge  Cham 
berlain's  Authentication,  Dec.  Ind. 

*  Niks'  Reg.,  xii.,  278  ;  Duane's  Diary  of  Christopher  Marshall;  The  Port 
folio,  Sept.,  1817,  p.  246,  quoting  Freeman's  Journal. 


THOMAS  McKEAN.  33 

the  secretary.  The  present  secretary  of  state  of  the  United 
States  and  myself  have  lately  inspected  the  journals,  and  seen  this." 

In  the  letter  to  Mr.  Adams,  after  speaking  of  other  matters, 
Mr.  McKean  continues  as  follows : 

"On  the  1st  July,  1776,  the  question  was  taken  in  the  com 
mittee  of  the  whole  of  Congress,  when  Pennsylvania,  represented 
by  seven  members  then  present,  voted  against  it — four  to  three; 
among  the  majority  were  Robert  Morris  and  John  Dickinson  ; 
Delaware  (having  only  two  present,  namely,  myself  and  Mr.  Read) 
was  divided ;  all  the  other  states  voting  in  favor  of  it.  The  re 
port  was  delayed  until  the  4th ;  and,  in  the  mean  time,  I  sent  an 
express  for  Cassar  Rodney  to  Dover,  in  the  county  of  Kent  in 
Delaware,  at  my  private  expense,  whom  I  met  at  the  state-house 
door,  on  the  4th  of  July,  in  his  boots.  He  resided  eighty  miles 
from  the  city,  and  just  arrived  as  congress  met.  The  question 
wras  taken,  Delaware  voted  in  favor  of  independence;  Pennsyl 
vania  (there  being  five  members  present,  Messrs.  Dickinson  and 
Morris  absent)  voted  also  for  it;  Messrs.  Willing  and  Humphreys 
were  against  it.  Thus  the  thirteen  states  were  unanimous  in 
favor  of  independence.  Notwithstanding  this,  in  the  printed  pub 
lic  journal  of  congress  for  1776,  Vol.  2,  it  appears  that  the  decla 
ration  of  independence  was  declared  on  the  4th  of  July,  1776,  by 
the  gentlemen  whose  names  are  there  inserted,  whereas  no  person 
signed  it  on  that  day  ;  and,  among  the  names  there  inserted,  one 
gentleman,  namely,  George  Read,  Esq,,  was  not  in  favor  of  it,  and 
seven  W7ere  not  in  Congress  on  that  day,1  namely,  Messrs.  Morris, 

1  Willis  P.  Hazard,  in  his  edition  of  Watson's  Annals,  iii,  222,  corrects  this 
sentence :  Morris  should  be  Messrs.,  but  Hazard  is  still  wrong.  The  sen 
tence  is  correct,  as  shown  by  what  follows :  Morris  was  "  not  in  Congress  on 
that  day,"  because  he  was  absent,  as  Mr.  McKean  says  above ;  the  five 
others  were  not,  because  they  had  not  then  been  elected,  as  he  says  below. 
In  the  early  part  of  this  letter,  in  speaking  of  the  vote,  Mr.  McKean  names 
Morris  and  Dickinson  as  absent ;  here,  in  speaking  of  the  signers,  he  properly 
names  Morris  only. 

After  the  publication  of  a  letter  of  Mr.  McKean  in  Potter's  American 
Monthly  (vols.  iv.-v.,  1875),  a  controversy  sprang  up,  whether  Mr.  McKean 
should  not  have  mentioned  nine  instead  of  seven  members  of  Congress  ;  but 
the  editors  as  well  as  the  contributors  of  that  magazine  are  still  mistaken  in 
going  back  to  December,  1774,  for  the  election  of  delegates.  A  later  elec 
tion,  November  6,  1775  (Journals  of  Cong.},  returned  nine  members — Mor 
ton,  Dickinson,  Morris,  Franklin,  Humphreys,  Biddle,  Willing,  Allen  and 
Wilson.  Mr.  McKean  mentions  seven;  the  other  two  are  Biddle,  who  was 
sick  and  died  during  the  session,  and  Allen,  a  British  sympathizer  (Scharf 
and  Westcott,  L,  317).  The  latter  abandoned  his  seat,  June  14th,  and  Mr. 
McKean  knew  that  two  seats  were  permanently  vacated,  so  that  Pennsylva 
nia  was  represented  by  seven  only.  Of  the  above,  Morton,  Morris,  Franklin 
and  Wilson  signed  in  August ;  their  election  did  not  hold  over,  for  they 
were  re-elected  July  20,  1776,  together  with  Ross,  Clymer,  Rush,  Smith 
and  Taylor,  nine  in  all,  who  signed  in  behalf  of  Pennsylvania.  I  think  this 
matter  is  now  clearly  and  correctly  stated. 


34  McKEAN  FAMILY. 

Rush,  Clymer,  Smith,  Taylor  and  Ross,  all  of  Pennsylvania,  and 
Mr.  Thornton  of  New-Hampshire ;  nor  were  the  six  gentlemen 
last  named,  members  of  congress  on  the  4th  of  July.  The  five 
for  Pennsylvania  were  appointed  delegates  by  the  convention  of 
that  State  on  the  20th  July,  and  Mr.  Thornton  took  his  seat  in 
Congress,  for  the  first  time,  on  the  4th  November  following ; 
when  the  names  of  Henry  Wisner,  of  New  York,1  and  Thomas 
McKean,  of  Delaware,  are  not  printed  as  subscribers,  though  both 
were  present  in  Congress  on  the  4th  of  July  and  voted  for  inde 
pendence. 

Here  false  colors  are  certainly  hung  out ;  there  is  culpability 
somewhere:  what  I  have  heard  as  an  explanation  is  as  follows: 
When  the  declaration  was  voted,  it  was  ordered  to  be  engrossed 
on  parchment  and  then  signed,  and  that  a  few  days  afterwards  a 
resolution  was  entered  on  the  secret  journal  that  no  person  should 
have  a  seat  in  congress  during  that  year  until  he  should  have 

signed   the   declaration    of  independence After   the    4th 

July  I  was  not  in  Congress  for  several  months,  having  marched 
with  a  regiment  of  associators  as  colonel,  to  support  general 
Washington,  until  the  flying  camp  of  ten  thousand  men  was  com 
pleted.  When  the  associators  were  discharged,  I  returned  to 
Philadelphia,  took  my  seat  in  Congress  and  signed  my  name  to 
the  Declaration  on  parchment.  This  transaction  should  be  truly 
stated,  and  the  then  secret  journal  should  be  made  public.  In  the 
manuscript  journal,  Mr.  Pickering,  then  secretary  of  state,  and 
myself  saw  a  printed  half  sheet  of  paper,2  with  the  names  of  the 
members  afterward  in  the  printed  journals  stitched  in.  We  ex 
amined  the  parchment  where  my  name  is  signed  in  my  own  hand 
writing." 

Mr.  McKean  then  turns  to  other  subjects,  and  concludes : 

"  My  sight  fades  very  fast,  though  my  writing  may  not  dis 
cover  it.  God  bless  you. 

Your  friend,         THO'S  McKEAN. 
His  Excellency  JOHN  ADAMS. 

1  Some  authors  have  thought  Mr.  McKean  was  mistaken  that  Mr.  Wisner 
voted  for  independence,  because  the  New  York  delegates  had  not  been  so 
instructed,  and  since  but  twelve  States  voted  on  July  2d.     Franklin  Burdge, 
however,  published  in  1878  a  memorial  of  Henry  Wisner,  quoting  letters  of 
his  to  show  that  he  did  vote  for  independence,   and  was  the  only  New 
Yorker  who  so  voted. 

2  There  is  no  "printed  half-sheet  of  paper  "  now  in  the  journals.     Mr.  Mc 
Kean  saw  the  journals  when  Mr.  Pickering  was  Secretary  of  State,   1*795- 
1800,  about  seventeen  years  before  writing  this  letter,  and  may  confound 
the  printed  Declaration  wafered  in,  with  some  other  paper,  real  or  imagin 
ary,  not  now  known. 


THOMAS  McKEAN.  35 

Mr.  Jefferson  holds  the  contrary  side  of  the  question  in  his 
memoranda,  as  follows  r1 

"  'The  Declaration  thus  signed  on  the  4th,  on  paper,  was  en 
grossed  on  parchment,  and  signed  again  on  the  2d  of  August." 

And  again,  in  a  letter  of  May  12,  1819,  to  Samuel  Adams 
Wells: 

"  It  was  not  till  the  2d  of  July,  that  the  Declaration  itself  was 
taken  up  ;  nor  till  the  4th,  that  it  was  decided,  and  it  was  signed 
by  every  member  present,  except  Mr.  Dickinson " 

Mr.  Adams  takes  the  same  side  of  the  question  with  Mr. 
Jefferson.  In  transmitting  the  above  letter  of  Mr.  McKean  to 
Mercy  Warren  for  her  reading,  he  writes  under  date  of 
Quincy,  February  2,  1814 :2 

"  Dear  Madam:  I  send  you  a  curiosity.  Mr.  McKean  is  mis 
taken  in  a  day  or  two.  The  final  vote  of  independence,  after  the 
last  debate,  was  passed  on  the  2d  or  3d  of  July,  and  the  Declara 
tion  prepared  and  signed  on  the  4th. 

"  What  are  we  to  think  of  history,  when,  in  less  than  forty  years, 
such  diversities  appear  in  the  memories  of  living  persons,  who  were 
witnesses?" 

These  conflicting  statements  should  now  be  carefully  criti 
cised.  Mr.  Adams  here,  in  his  old  age,  contradicts  what  he 
himself  said  thirty-eight  years  before  in  a  letter  to  Samuel 
Chase.  On  July  9th,  five  days  after  the  passage  of  the  Dec 
laration,  he  writes :  u  As  soon  as  an  American  seal  is  pre 
pared,  I  conjecture  that  the  declaration  will  be  subscribed  by 
all  the  members."3  From  which  we  may  infer  that  the  Dec 
laration  had  not  then  been  signed.  The  earlier  letter  as 
contemporary  evidence  is  deserving  of  more  credit  than  the 
later  one. 

As  to  Mr.  Jefferson,  Judge  Chamberlain  has  shown  in  his 
Authentication,  p.  8-9,  that  Mr.  Jefferson's  Notes  were  not 
made  at  the  time  alleged,  but  subsequently,  and  aided  by  the 
printed  journals.  "Hence  his  notes  lose  the  authority  of  con 
temporaneous  entries." 

George  Washington  Greene  says  :*  "  Mr.  Jefferson's  memory 
failed  him  singularly  in  his  history  of  that  document,  important 
as  the  part  he  bore  in  it  was." 

1  Jefferson's  Writings,  H.  A.  Washington,  Washington,  D.  C.,  i,  26,  120-2, 
vii.,  124;  Randall's  Life,  i.,  171. 

*Mass.  Hist.  Collections,  5th  Ser.,  ir.,  505. 

*Adams'  Works,  ed.  1860,  ix.,  421 ;  Scharf  and  Westcott,  Hist.,  i.,  319. 

*Histor.  View  Amer.  Rev.,  379. 


36  McKEAN   FAMILY. 

And  after  the  appearance  of  Mrs.  Morris'  article  on  the 
Declaration  in  Potter's  American  Monthly,  several  others 
wrote  expressing  their  opinions.  Among  whom,  William  Duane 
writes:1  "Mr.  Jefferson  was  so  clearly  wrong  in  stating  that 
Pennsylvania's  vote  for  Independence  was  secured  by  the  ap 
pearance  of  new  members  on  the  fourth  of  July,  that  we  have 
a  right  to  suspect  him  in  error  in  other  points."  Another 
writer,2  name  unknown,  in  an  article,  The  Declaration  of  In 
dependence,  The  statements  of  Thomas  McKean  and  Thomas 
Jefferson  compared,  gives  their  statements  in  full,  and  says: 
"  A  gentleman  of  good  repute,  as  a  historical  and  antiquarian 
scholar,  disagrees  with  Mrs.  Morris,  and  writes  us  as  follows  : 
'  Mr.  Jefferson,  at  the  time  he  wrote  his  autobiography,  was 
very  old  ;  and  we  all  know  that  the  memory  is  the  first  of  the 
mental  faculties  to  show  signs  of  decay.  He  confused  what 
was  done  in  Congress  in  August,  with  what  was  done  in  July. 
He  had  forgotten  the  Mecklenburg  Declaration  of  Indepen 
dence.  His  account  cannot  be  compared  with  the  clear  and 
positive  statements  of  Governor  Thomas  McKean."1 

Mr.  McKean's  first  statement  on  this  subject  was  made 
twenty  years  after  the  Declaration  was  signed.  Age  had  not, 
at  this  time  or  any  other  time,  impaired  his  mental  faculties  ; 
witness  his  subsequent  vigor  ten  years  later,  while  Governor  of 
Pennsylvania,  and  the  letter  to  William  McCorkle  and  son, 
eight  days  before  his  death.  His  first  statement,  he  reiterated 
during  the  next  twenty-one  years.  In  the  main  facts,  his 
statements  have  not  been  impeached,  although  in  some  col 
lateral  matters  of  minor  importance  he  may  be  in  error. 

Among  recent  writers,  the  opinion  is  almost  unanimous  that 
the  Declaration  was  not  generally  signed  on  the  4th  July,  but 
was  subscribed  or  authenticated  by  John  Hancock  president, 
and  Charles  Thomson  secretary. 

In  his  recent  history,  Justin  Winsor3  states  distinctly  that 
it  was  signed  by  the  president  and  secretary.  "The  best 
investigators  of  our  day  are  agreed  that  the  president  and 
secretary  alone  signed  it  on  that  day." 

Daniel  Webster,*  Robert  C.  Winthrop,5  and  George  Wash- 


.  iv.-v.,  for  1875,  p.  785. 

2  Ibid.,  p.  651. 

3  Narrative  and  Crit.  History  of  Amer.,  1888-9,  v.,  231  et  seq. 
*ForAr«,  Boston,  1872,  i.,  129. 

6  Oration,  July  4,  1876,  Boston,  1876,  p.  29. 


THOMAS   McKEAN.  37 

ington  Greene,1  hold  that  it  was  authenticated  by  the  signa 
tures  of  the  president  and  secretary. 

Peter  Force,2  the  most  thorough  and  reliable  investigator  of 
revolutionary  history,  George  Bancroft3  and  Richard  Frothing- 
ham4  rather  vaguely  and  perhaps  cautiously  state  that  it  was 
authenticated  by  the  president  and  secretary. 

Benson  J.  Lossing  formerly  stated5  that  the  Declaration  was 
signed  by  the  president  alone,  but  has  since  changed  his  opin 
ion,  and  has  now  come  to  the  conclusion  that  it  was  signed  by 
the  members  on  the  paper  on  which  it  had  been  written.6 

Hildrith's  History  of  the  United  States  (iii,  137)  and  Wil 
liam  L.  Stone7  hold  that  some  or  a  few  of  the  members  signed 
on  July  4th. 

William  T  Read,  in  his  life  of  his  grandfather  George  Read 
(p.  229),  is  assuredly  mistaken  in  saying  it  was  signed  on 
July  4th  "  by  all  present  in  Congress  on  that  day  except  Mr. 
Dickinson."  Force  flatly  contradicts  this  statement  (origin 
ating  with  Jefferson)  contained  in  Lord  Mahon's  History.8 

Philadelphia's  noted  historian,  Watson,  quotes  Mr.  McKean's 
letter,  that  "  the  Declaration  of  Independence  was  not  actually 
signed  on  the  4th  of  July."9 

Mrs.  Nellie  Hess  Morris,  in  a  magazine  article  on  the  Decla 
ration,  regards  it  "  as  a  question  I  cannot  venture  to  decide."10 

The  latest,  and  most  thorough  and  searching  investigator  of 
this  subject  is  Judge  Mellen  Chamberlain,  of  Boston,  in  his 
Authentication  of  the  Declaration  of  Independence ,n  wherein 
he  shows  that  it  was  not  generally  signed  on  July  4th ;  but  he 
does  not  touch  upon  any  other  phase  of  the  question. 

One  naturally  now  turns  to  the  printed  journals  of  Congress, 
to  see  what  evidence  is  there  recorded,  which  can  be  construed 
so  variously  ;  but,  as  will  be  seen  below,  the  printed  journals 
are  inaccurate  and  misleading,  and  have  doubtless  been  the 

lllislor.  View  of  Amer.  Rev.,  N.  Y.,  1872,  p.  101,  379. 

*The  Dec.  Ind.,  or  Notes  on  Lord  Mahon's  Hist.,  London,  1855,  p.  61. 

3Hist.  U.  S.,  ed.  1885,  iv.,  452  ;  1879,  v.,  332. 

4Rise  of  the  Republic,  p.  544. 

*Field  Book  of  Rev.,  1860,  ii.,  79,  and  Harp.  Mag.,  xlvii.,  258. 

^Potter's  Am.  Monthly,  Phila.,  iv.-v.,  for  1875,  754-7. 

''The  Dec.  of  Ind.  in  a  New  Light,  Harp.  Mag.,  Ixvii.,  210. 

*The  Dec.  Ind.,  London,  1855,  p.  63. 

9Annals,  Phila.  ed.,  1884,  3  vols.,  i.,  400. 

^Potter's  Am.  Monthly,  iv.-v.,  498. 

11  Cambridge,  1885;  reprinted  from  Mass.  Hist.  Coll.,  November,  1884. 


38  McKEAN  FAMILY. 

cause  of  much  of  this  confusion.  The  journal  (for  1776)  was 
first  printed  by  order  of  Congress  by  Robert  Aitken,  Philadel 
phia,  1777  (vols.  1  and  2).  The  whole  Journal  is  in  thirteen 
volumes,  printed  from  time  to  time  by  Aitken,  D.  C.Claypoole, 
John  Dunlap,  and  J.  Patterson. 

The  Journal  was  reprinted  in  1777,  vols.  1  and  2  only  ; 
again  in  1800  by  Folwell  in  thirteen  volumes  ;  and  in  1823  by 
Way  and  Gideon  in  4  vols.  These  are  all  the  earlier  editions 
mentioned  in  B.  P.  Poore's  Catalogue  of  Government  Publica 
tions. 

The  proceedings  of  July  4th,  1776,  according  to  the  printed 
Journal,  1st  edition  (1777),  are  as  follows  literatim-. 

"Agreeable  to  the  order  of  the  day,  the  Congress  resolved  itself, 
into  a  committee  of  the  whole,  to  take  into  their  farther  consider 
ation  the  declaration,  and  after  some  time  the  president  resumed 
the  chair,  and  Mr.  Harrison  reported,  that  the  committee  have 
agreed  to  a  declaration  which  they  desired  him  to  report. 

"The  declaration  being  read,  was  agreed  to,  as  follows  ; 

"A  DECLARATION  by  the  Representatives  of  the  UNITED 
STATES  of  AMERICA  in  Congress  assembled. 

\_Here  follows  the  Declaration.] 

"The  foregoing  declaration  was  by  order  of  Congress  engrossed 
and  signed  by  the  following  members : 

\_Herefollow  the  names  in  groups,  against  the  names  of  their  re 
spective  States.'] 

Resolved,  That  .copies  of  the  declaration  be  sent  to  the  several 
assemblies,  conventions  and  committees,  or  councils  of  safety,  and 
to  the  several  commanding  officers  of  the  continental  troops  ;  that 
it  be  proclaimed  in  each  of  the  United  States,  and  at  the  head  of 
the  army." 

In  the  editions  of  1777  and  1800  there  are  printed  but  fifty- 
five  names  subscribed — Mr.  McKean's  being  omitted.  In  the 
later  edition  of  1823  this  omission  is  corrected,  and  his  name  is 
printed  with  the  others.  The  discovery  of  this  omission  of  Mr. 
McKean's  name  (and  which  will  be  referred  to  more  fully  under 
the  signing  of  the  Declaration  on  parchment,)  was  one  of  the 
causes  which  led  to  this  discussion  as  to  the  signing. 

Wishing  to  settle  the  matter  if  possible,  I  obtained  permis 
sion  from  the  Secretary  of  State  to  examine  the  original  manu 
script  journals  of  Congress.  After  a  perusal  of  them,  I  came 
into  possession  (through  the  kindness  of  the  author,)  of  Judge 
Mellen  Chamberlain's  Authentication  of  the  Declaration  of 


M  CO  N  ORE] 

A    D  E  C  L  A 


By   THE-R-E.P  R  E  S  EN 

UNITED  STATE 

IN    C  E  N  E  R  A  L    C  O  N 


COPYRIGHT,    1890,    BY    ROBERDEAU    BUCHANAN. 


1 


THOMAS  McKEAN.  39 

Independence  ;  and  found  that  in  this  investigation,  I  had  un 
knowingly  been  pretty  much  treading  in  his  footsteps. 

It  may  be  explained  here,  that  there  are  three  original  manu 
script  journals,  which  are  almost  wholly  in  the  handwriting  of 
Charles  Thomson:  1st.  The  Rough  Journal,  so  called,  con 
sisting  of  entries  made  probably  while  Congress  was  sitting, 
which  is  the  standard.  2d.  The  Smooth  Journal,  a  copy  of 
the  previous,  the  entries  being  somewhat  amplified  and  punctu 
ated.  The  3d  is  the  Secret  Journal,  which  is  not  a  daily 
record,  the  consecutive  dates  of  a  portion  in  1776  being  June 
24;  July  8,  11,  17,  19;  August  2;  then  November  27.  There 
is  consequently  in  the  Secret  Journal  no  entry  under  July  4, 
1776. 

In  the  manuscript  Smooth  Journal,  the  declaration  is  wholly 
in  writing,  with  no  attesting  clause,  and  no  names  attached, 
either  in  writing  or  in  print. 

Upon  examining  the  Rough  Journal,  much  to  my  surprise, 
I  found  no  written  names  appended  to  the  Declaration,  not 
even  Hancock's,  and  the  Declaration  itself,  with  the  attesta 
tion,  is  in  print  on  a  large  folded  sheet  of  paper,  attached  by 
four  red  wafers.  These  facts  do  not  appear  to  have  been  gen 
erally  known,  or  at  least  have  not  appeared  in  print,  before  the 
publication  of  Judge  Chamberlain's  pamphlet. 

The  page  of  the  journal  of  July  4th  is  towards  the  left  hand, 
and  is  12J  by  8  inches  with  a  margin  of  2J  inches,  on  the  edge 
of  the  page  at  the  left,  not  separated  by  any  line.  In  the 
margin  is  a  duplicate  date,  and  in  th6  body  of  the  page  the 
writing  covers  slightly  more  than  half  of  the  page ;  the  lower 
part  being  left  blank,  undoubtedly  to  receive  the  printed 
broadside  now  found  there.  This  page  of  the  journal  is  here 
reproduced  in  fac-simile,  a  photo-lithograph,  and  reduced  one- 
half  size  of  the  original.  For  this  especial  favor, — the  first 
time  that  any  portions  of  these  journals  have  been  reproduced 
in  fac-simile, — the  author  is  indebted  to  the  Hon.  William  F. 
Wharton,  Assistant  Secretary  of  State,  and  to  Frederick  Ban 
croft,  Esq.,  Chief  of  the  Bureau  of  Rolls  and  Library. 

The  Declaration  is  on  paper  18  inches  long  by  14|  inches 
wide ;  the  print  covering  a  space  17 J  by  11  f  inches.  It  is 
folded  upwards  at  the  bottom  of  the  page  (where  it  is  at  the 
present  time  worn  away  and  torn  completely  across,)  and 
folded  a  second  time  in  closing  the  book.  It  begins  and  ends 
as  follows,  the  positions  of  the  wafers  being  also  shown: 


40  McKEAN   FAMILY. 

00  O 

IN  CONGRESS,  JULY  4, 1776. 

°A    DECLARATION 

BY  THE  REPRESENTATIVES  OF  THE 

UNITED    STATES    OF  AMERICA, 

IN  GENERAL  CONGRESS  ASSEMBLED. 
"HEN  in  the  courfe  of  human  events,  it  becomes  necefsary 


[Here  follows  the  Declaration] 

Signed  by  ORDER  and  in  BEHALF  of  the  CONGRESS, 
JOHN  HANCOCK,  PRESIDENT. 

ATTEST. 

CHARLES  THOMSON,  SECRETARY. 


PHILADELPHIA:  PRINTED  BY  JOHN  DUNLAP. 

Lossing  states  that  the  Declaration  was  passed  about  two 
o'clock.1  It  was  printed  during  the  day  and  evening  ;  and  the 
next  day  sent  forth  to  the  world.2  On  the  8th,  by  order  of 
the  Committee  of  Safety,  it  was  publicly  read  by  John  Nixon 
from  the  State  House  steps.  In  Judge  Chamberlain's  Authen 
tication,  a  letter  from  Theodore  F.  D wight,  librarian  of  the 
State  Department,  states  that  this  first  publication  is  the  one 
wafered  in  the  journal,  and  that  among  the  papers  of  Washing 
ton  is  another  copy,  the  same  which  he  read,  or  caused  to  be 
read,  to  the  army. 

The  Declaration  was  also  published  in  the  JEvening  Post  of 
of  July  6th,  signed  by  the  President  and  Secretary,  and  later 
it  appeared  in  other  papers. 

The  reader  has  now  before  him  all  the  facts  upon  which  the 
foregoing  diversified  opinions  are  based.  It  is  seen  that  there 
is  no  copy  of  the  Declaration  signed  in  the  handwriting  of 
any  one  on  July  4th,  the  only  attestation  being  in  print ;  and 
no  paper  is  known  such  as  mentioned  by  Jefferson,  signed  by 
all  the  members.  It  cannot  be  denied  that  such  a  paper  ever 
existed,  for  "  it  may  have  lost,"  says  Judge  Chamberlain, 

1  Field  Book,  1860,  ii.,  78. 

2Scharf  and  Westcott,  i.,  317  ;  Frothingham,  544. 


THOMAS  McKEAN.  41 

"  but  there  are  facts  making  it  far  more  probable  that  it  never 
existed."1 

The  responsibility  of  inserting  the  names  in  the  printed 
journal  cannot  now  be  determined,  and  it  is  reasonable  to  sup 
pose  that  there  was  no  intention  to  mislead.  The  Secret  Jour 
nal  had  not  then  been  printed ;  and  since  the  only  entry  as  to 
the  engrossing  and  signing  of  the  Declaration  is  contained  in  it, 
the  names  were  probably  inserted  in  the  public  journal  for  the 
information  of  the  public.2  It  is  unfortunate,  for  it  makes  the 
printed  journal  assert  facts  on  July  4th  which  did  not  take 
place  until  August  or  later. 

Since  there  is  no  Declaration  known,  in  or  out  of  the  jour 
nals  of  Congress,  containing  the  written  signatures  of  the 
president  and  secretary  affixed  on  the  4th  of  July,  and  not  a 
scrap  of  evidence  that  such  a  paper  ever  existed,  the  author 
considers  it  very  doubtful  whether  even  Hancock  or  Thomson 
signed  on  the  4th. 

In  the  first  place  it  was  not  the  custom  of  the  Continental 
Congress  that  resolutions  in  general  should  be  signed  by  any 
one.  When  passed,  they  were  entered  on  the  journal.  Sub 
sequently,  copies  of  resolutions  that  were  sent  to  General  Wash 
ington  and  others,  were  authenticated  by  the  written  signature 
of  John  Hancock  ;  but  such  papers  were  copies,  and  not  original 
records.  There  are  no  signed  resolutions  among  the  miscel 
laneous  papers  of  Congress  preserved  by  Charles  Thomson. 
This  volume  of  papers  was  shown  to  me  when  making  inquiries 
at  the  Department  of  State,  where  the  facts  in  this  paragraph 
were  ascertained.  In  answer  to  a  further  inquiry  as  to  whether 
there  are  any  resolutions  of  the  Continental  Congress  signed 
in  writing  by  the  President,  or  by  the  President  and  Secretary, 
the  following  letter  states  the  matter  officially : 

DEPARTMENT  OF  STATE, 
WASHINGTON,  October  21,  1889. 

ROBERDEAU  BUCHANAN,  ESQR., 

The  Clarendon,  Washington  City. 

Sir :  In  reply  to  the  enquiry  contained  in  your  letter  of  the 
3d  instant,  I  have  to  say  that  there  are  not  in  the  Archives  of  the 
Continental  Congress  in  this  Department  any  resolutions  or 
other  papers  signed  in  writing  by  the  President  or  by  the  Presi 
dent  and  Secretary  prior  to  their  entry  on  the  journals. 
I  am,  sir,  your  obedient  servant, 

J.  FENNER  LEE,  Chief  Clerk. 

1  Authentication,  p.  15. 

3  Ibid.,  p.  20,  Letter  of  T.  F.  Dwight. 


42  McKEAN  FAMILY. 

Is  it  likely  that  John  Hancock  would  violate  the  usual  cus 
tom  of  Congress  by  signing  the  Declaration  unless  especially 
authorized  to  do  so  ?  And  the  question  may  also  be  asked : 
If  it  required  a  formal  resolution  to  prepare  and  sign  the  en 
grossed  Declaration  on  the  2d  of  August,  would  it  not  likewise 
have  required  a  similar  resolution  for  Hancock  to  sign  the 
Declaration  on  the  4th  of  July  ?  No  such  resolution  appears 
on  the  journal,  and  we  may  therefore  doubt  such  alleged  sign 
ing.  In  accordance  with  custom,  the  entry  on  the  journal  is 
a  sufficient  attestation  of  the  fact  that  the  Declaration  had 
passed  Congress. 

No  argument  can  be  drawn  from  the  wording  of  the  attest 
ing  clause — Signed  by  order  and  in  behalf  of — that  it  presup 
poses  a  resolution  of  Congress ;  because  these  words,  and  others 
of  similar  import,  have  several  times  been  made  use  of  in  other 
documents,  showing  the  phrase  to  be  one  of  common  use  in 
those  days,  but  perhaps  obsolete  at  the  present  time.1 

As  no  Declaration  bearing  the  written  signature  of  John 
Hancock  on  July  4th  is  known  ever  to  have  been  in  existence, 
we  have  only  the  printed  Declaration  from  which  to  infer  the 
signing.  This  signing,  if  it  was  done,  was  not  the  vital  act, 
giving  life  and  force  to  the  Declaration ;  but  merely  the  attesta 
tion  of  that  act  already  consummated ;  and,  judging  by  the 
printed  broadside,  performed  wholly  for  the  satisfaction  of  the 
public.  It  was  therefore  a  matter  of  secondary  importance. 
This  written  copy  itself  was  not  intended  to  go  before  the  pub 
lic,  or  to  be  used  in  any  legal  proceeding ;  it  was  simply  a 
printer's  copy,  and  the  printed  Declaration  made  from  it  would 
be  the  same  whether  printed  from  genuine  signatures  or  from 
the  same  names  written  by  another  person.  And  from  these 
considerations,  the  author  hazards  the  conjecture  that  no  one 
properly  signed  on  July  4th.  But  in  preparing  a  copy  of  the 

1  In  support  of  this  statement,  the  following  may  be  found  in  Force's 
American  Archives:  IV.,  vi.,  1136,  Address  to  Gen.  Washington,  June  29, 
1776,  "By  desire,  and  in  behalf  of  the  several  Regiments  in  the  Second 
Brigade  ;"  IV.,  vi.,  847,  Petition  of  Gen.  Daniel  Roberdeau  to  the  Assembly, 
May  20,  1776,  "Signed  in  behalf  of,  and  by  the  desire  of  the  inhabitants," 
etc.;  V.,  L,  170,  Address  to  Gen.  Roberdeau,  July  10,  1776,  "Signed  by  or 
der  and  in  behalf  of  the  Battalion  ;"  V.,  ii.,  1075,  Address  of  inhabitants  of 
New  Jersey  to  Governor  Try  on,.  October  16,  1776,  "Signed  by  desire  and 
in  behalf  of  the  inhabitants  ;"  V.,  iii.,  484,  Address  by  a  meeting  of  citizens, 
November  2,  1776,  "  Signed  by  order  and  in  behalf  of,  the  meeting."  These 
were  found  by  casually  turning  over  the  pages  of  Force's  Archives  ;  doubt 
less  there  are  others.  See  also  Genealogy  of  the  Roberdeau  Family,  pp.  61, 
62,  63,  68.  This  same  wording  much  amplified  is  also  made  use  of  in  the 
Articles  of  Confederation. 


THOMAS  McKEAN.  43 

Declaration  for  the  printer,  some  one, — perhaps  Charles 
Thomson,  used  the  customary  attesting  phrase,  and  wrote  his 
own  name  as  secretary,  and  that  of  John  Hancock  as  president. 
And  this  paper  being  no  part  of  the  public  records  was  not  pre 
served.  Thus  these  two  names  might  have  appeared  in  print, 
with  no  manuscript  as  their  authority,  to  turn  up  at  a  later  day 
for  the  satisfaction  of  investigators. 

This  view  presented  itself  to  me  upon  reading  the  broad  ex 
pression  authenticated,  made  use  of  by  George  Bancroft  and 
others,  as  though  they  did  not  feel  warranted  by  the  facts  to 
employ  the  unequivocal  word  signed.  Hancock  could  "  au 
thenticate"  the  Declaration  by  directing  Charles  Thomson  to 
write  his  name  for  him  in  the  printer's  copy,  although  that  act 
would  not  be  signing. 

This  opinion  is  admitted  to  be  a  mere  inference,  but  it  is  a 
simple  inference,  and  a  natural  one  to  be  drawn  when  there  is 
no  evidence.  It  stands  upon  grounds  certainly  as  firm  as  the 
opposite  side  of  the  question,  which  is  based  upon  a  complex 
inference  ;  that  because  there  are  printed  signatures  there  must 
have  been  written  ones.  The  simple  and  plain  inference  here 
is,  that  because  there  are  printed  signatures  there  may  have 
been  written  names;  but  to  go  farther,  and  infer  again  that 
those  written  names  were  genuine  signatures,  is  a  double  in 
ference  not  warranted. 

Considered  under  the  theory  of  probabilities,  if  we  assume 
the  chances  to  be  equal,  whether  there  were  written  names  or 
not,  the  probability  that  there  were,  is  J.  And  if  the  chances 
are  equal  that  the  written  names  were  signatures,  the  proba 
bility  of  this  being  so,  is  J  of  J,  or  J.  The  probability  that 
they  were  not  signatures,  is  also  J  (because  we  suppese  the 
chances  to  be  the  same),  and  these  two  fourths  together  make 
up  the  half  first  obtained.  Suppose  now,  to  further  illustrate 
this,  we  make  a  new  condition,  and  ask,  whether  the  names 
were  written  with  a  pen  or  a  pencil;  if  one  is  just  as  likely  to 
occur  as  the  other,  the  probability  is  J  of  J  of  J,  or  J-. 

We  see,  therefore,  that  like  a  pair  of  scales,  there  is  a  bal 
ance  kept  up;  the  more  we  weigh  down  one  side  with  con 
ditions  the  higher  does  the  other  side  ascend,  and  the  lighter 
or  less  is  the  probability  of  the  occurrence.  The  degree  of 
probability  may  be  different  in  each  step,  but  the  reasoning 
will  be  the  same ;  for  example,  the  probability  of  there  having 
been  written  names  may  be  greater  than  J ;  and  persons  may 
differ  in  their  estimates  of  these  quantities.  However  they 


44  McKEAN  FAMILY. 

may  be  varied,  the  more  steps  we  take  from  known  facts  the 
less  the  probability ;  the  probability  of  the  first  step  (that  there 
were  written  names)  must  necessarily  be  greater  than  the 
second  step  (that  these  names  are  genuine  signatures),  because 
the  latter  is  represented  by  the  product  of  two  proper  fractions, 
which  product  must  necessarily  be  less  than  either  fraction. 
The  second  step  may  equal,  but  can  never  exceed  the  former 
in  probability.  Therefore  we  conclude  that  it  is  more  probable 
that  there  were  written  names,  than  that  they  were  genuine 
signatures. 

Another  aspect  of  the  question  is  this:  It  being  a  legal 
maxim  that  it  is  impossible  to  prove  a  negative,  the  burden  of 
proof  is  thrown  upon  those  who  hold  the  affirmative  of  any 
question  to  bring  forward  evidence  to  support  it ;  and  that  has 
not  been  done  in  this  case,  for  an  inference  is  not  proof;  there 
fore  the  negative  side  of  this  question  should  stand  until  over 
thrown  by  some  evidence;  and  we  must  hold  that  the  names 
were  not  genuine  signatures. 

Why  it  is,  that  in  preference  to  this  simple  negative  infer 
ence,  the  far-fetched  affirmative  side  should  be  generally  held, 
can  easily  be  explained  if  we  examine  the  facts  as  they  suc 
cessively  became  known.  The  copies  of  the  Declaration  sent 
to  the  States,  the  published  journals  of  Congress,  and  the  en 
grossed  Declaration  itself,  all  point  to  the  4th  of  July  as  the 
date  of  the  general  signing.  Mr.  McKean  alone  held  the  cor 
rect  opinion,  and  he  was  contradicted  by  Jefferson  and  Adams. 
This  opinion  generally  obtained  for  forty-five  years,  until  the 
Secret  Journals  were  published  in  1821.  So  strong  a  hold 
has  it  taken  upon  the  public  mind,  that  like  many  popular  fal 
lacies  it  has  gained  the  impress  of  truth.  It  is  still  held  by  the 
vast  majority  of  people,  and  doubtless  will  also  be  till  the  end 
of  time.  When  the  Secret  Journals  were  published,  and  it 
was  found  that  the  general  signing  did  not  take  place  on  July 
4th,  this  popular  idea  of  signing,  still  holding  possession  of 
the  minds  of  investigators,  warped  their  judgment;  and  imbued 
with  the  idea  that  somebody  signed  on  the  4th,  if  not  the  fifty- 
six,  they  naturally  turned  to  the  first  printed  copies  of  the 
Declaration,  and  from  them  inferred  that  John  Hancock  and 
Charles  Thomson  were  those  who  signed  on  that  day. 

The  main  question  having  now  been  considered  in  the  light 
of  the  custom  of  Congress,  demonstrated  by  mathematics, 
judged  by  legal  maxims,  and  examined  with  our  minds  not 
warped  by  pre-conceived  notions,  we  are  constrained  to  the 


,..,,  :et,f.  *  ,t«  n  $M<yf fa*  9 '»}«<•*•/« 


***'  A  A    /  fn  **— y  *  >&*6**'6)  "* 

.;,////"•"'    <*****' f*<*'       /     * 


'••'•^ '^'  •• '•• '^'^ 

,  .    /  //«  .•v<»^'^y^^*/**^/*<  / 

,(/    , :   , *  ,    /£ gttt }>.  ,~/{ <>»  <*/ 

£&»  /**#  &*'*&  #*"**•/**  '     ? 

g^    {+/£  *******/ &**t^'*?^f*' 

, ;  /,/  :*,*  d£**AQ/"»»l 
fafaf+tfrv^fK.        ^  w....,    j        / 

^•^,«*l/f*c**fy^  */ff*-<Siwk*<'&'t.tf **'•''"•* 


£$s?         &/      4  f  /*&  //  £  ?  J*  4  f&* 

/''  /     ^  *'  r 


•>    \*t 


i    -s;  ^   V^<^:      /  // 

X  ( '-Uf'^-H^  *  .  *tfat  A  (&}nfni  ntt 

!  |  ^  .-"  • 

V  s  I'  *(fa><fuvu  /a  mst'fan***  n> /* 

^   ^1   «V    •.  A«/v  ^.4«,,  &V, 
*:   <»  - "  i  j    '  ^. 

x  ^:  ^N 

f:  J"  ^/ 


<  /n 
/ 


;,  ^    %/    ^        /       >  '        M              '^  '  ~^  4            s 

••  ~  »•    *  •  /AI£  fetntnt  &*  fa  jfuxl*f  ftutft  (***•/£&  .t#-jfi-t#*f«.* -/fit. 

'  ^    fr  /  ~,                         / 

?k  -  .-  •      ,            •  A-                  si*  .    ' 


*m 


COPYRIGHT,  1890,   BY   ROH 


THOMAS  McKEAN.  45 

conclusion  that  no  one  properly  signed  the  Declaration  of  In 
dependence  on  July  4th,  1776. 

THE   ENGROSSED   DECLARATION. 

As  to  the  signing  of  the  Declaration  on  parchment  there  is 
no  uncertainty.  The  record  is  contained  in  the  Secret  Journal, 
first  published  by  order  of  Congress  by  Thomas  B.  Wait  in 
1821.  In  this  publication  the  record  stands  as  follows,  litera 
tim  : 

"July  19,  1776.  Resolved,  That  the  declaration  passed  on  the 
4th  be  fairly  engrossed  on  parchment,  with  the  title  and  style  of 
— ;THE  UNANIMOUS  DECLARATION  OF  THE  THIRTEEN  UNITED 
STATES  OF  AMERICA;'  and  that  the  same,  when  engrossed,  be 
signed  by  every  member  of  Congress." 

"  August  2,  1776.  The  Declaration  of  Independence  being  en 
grossed,  and  compared  at  the  table,  was  signed  by  the  members."1 

This  page  of  the  original  manuscript  Secret  Journal  is  12J 
by  7}  inches,  ruled  with  a  red  line  forming  a  margin  of  1J- 
inches  on  the  left  side.  The  whole  entry  is  seen  to  be  a  post 
entry,  and  interlined.  It  is  in  ink  decidedly  lighter  colored  than 
the  rest  of  the  page.  This  page  reduced  one-half  size,  is  also 
here  reproduced  as  a  photolithograph.2  For  this  privilege  we 
are  indebted,  as  in  the  former  case,  to  the  Hon.  William  F. 
Wharton,  Assistant  Secretary  of  State,  and  to  Frederick  Ban 
croft,  Esq.,  Chief  of  the  Bureau  of  Rolls  and  Library. 

In  accordance  with  the  vote  of  Congress,  the  engrossed  Decla 
ration  was  signed  on  the  2d  of  August  by  the  fifty-four  mem 
bers  then  present;  Mr.  McKean  and  Thornton  signed  later, 
making  the  fifty-six.  This  document  is  now  in  the  Department 
of  State  ;  the  signatures  are  arranged  in  six  columns  of  3,  7, 
12  headed  by  Hancock,  12,  9  and  18  names,  the  delegates  of 
each  State  in  groups — except  Hancock,  the  president,  and 
Thornton  who  signed  later  —  but  without  the  names  of  the 
States  (which  are  improperly  printed  in  the  published  jour 
nals).  Mr.  McKean's  name  is  the  last  in  the  fourth  column, 
with  the  names  of  the  other  delegates  from  Delaware. 

It  is  related  that  Hancock,  the  president,  as  he  affixed  his 
huge  signature,  exclaimed,  "  There !  John  Bull  can  read  my 

1See  also  Force's  American  Archives,  V.,  i.,  1584-97. 

2  This  is  the  first  time  that  any  portion  of  these  Journals  has  been  liter 
ally  reproduced  in  fac-simile,  although  portions  have  been  very  accurately 
printed  by  Judge  Chamberlain  from  the  letter  of  Theodore  F.  Dwight.  The 
word  Declaration,  line  2  of  proceedings  of  July  4th  (Authentication,  p.  18,  1. 
17),  should  commence  with  a  capital. 
5 


46  McKEAN  FAMILY. 

name  without  spectacles,  and  may  double  the  reward  of  .£500 
for  my  head.  That  is  my  defiance."  1  Dickinson,  who  op 
posed  the  Declaration,  said,  "  We  are  not  ripe,"  to  whom 
Witherspoon  replied  :  "  Not  ripe,  sir !  In  my  judgment  we  are 
not  only  ripe,  but  rotting.  Almost  every  colony  has  dropped 
from  its  parent  stem,  and  your  compromise,  sir,  needs  no  sun 
shine  to  mature  it.2  "  There  go  a  few  millions,"  said  one,  as 
Carroll,  of  Carrollton,  the  wealthiest  member,  attached  his 
name.  "  We  must  all  hang  together  now,"  remarked  Hancock  ; 
"Yes,"  replied  Franklin,  "or  else  we  shall  hang  separately." 

There  were  in  Congress  on  the  4th  of  July,  1776,  seventy 
members,  of  whom  about  fifty-one  were  in  their  seats.  Some 
of  these  seventy  afterwards  joined  the  British,  and  the  terms 
of  others  expired  before  the  2d  of  August,  so  that  on  that  day 
only  forty-seven  of  these  seventy  signed,  Mr.  McKean,  the  48th, 
was  the  last  of  all  to  sign.  During  the  interval,  however,  seven 
new  members  were  elected  as  follows:  Rush,  Ross,  Clymer, 
J.  Smith,  and  Taylor,  all  of  Pennsylvania ;  Carroll  and  Chase, 
of  Maryland.  Besides  these,  Thornton  of  New  Hampshire  was 
subsequently  elected,  and  took  his  seat  November  4th.  He 
also  received  permission  to  sign,  making  up  the  fifty-six  names.3 

Immediately  after  the  passage  of  the  Declaration  on  the  4th 
of  July,  Mr.  McKean  obtained  leave  of  absence  to  march  with 
his  battalion,  and  was  not  present  when  the  engrossed  copy  was 
signed  August  2d.  As  late  as  August  8th,  1776,  Caesar  Rod 
ney  writes  to  Thomas  Rodney  that  Mr.  McKean  is  still  in  the 
Jerseys,  and  not  likely  soon  to  return.*  On  the  27th  of  August 
Mr.  McKean  was  present  at  the  opening  of  the  Delaware  Con 
stitutional  Convention  at  Newcastle.5  And  according  to  Mr.  Mc- 
Kean's  letter  to  Thomas  Rodney  above  mentioned,  and  quoted 
on  a  subsequent  page,  and  also  the  letters  to  Mr.  Adams  on  a 
previous  page,  it  would  appear  that  he  signed  the  Declaration 
between  these  two  dates,  and  not  as  late  as  October,  as  stated 
in  "  Sanderson's  Lives." 

There  are  circumstances,  however,  which  render  this  infer 
ence  doubtful.  Congress,  on  January  18th,  1777,  directed  that 
copies  of  the  Declaration,  with  the  names  then  subscribed, 
should  be  authenticated  and  sent  to  each  State.  The  names 

1  Watson's  Annals,  1884,  i.,  399. 
2Lossing,  Harp.  Mag.,  iii.,  155. 
3Scharf  and  Westcott,  i.,  317  et  seq. 
4  Force,  Am.  Archives,  V.,  i.,  833. 
6  Journal,  pub. 


THOMAS  MoKEAN.  47 

were  then  accordingly  printed  for  the  first  time,1  and  these 
copies  were  transmitted  to  the  States  by  Hancock  about  Janu 
ary  31,  1777.  Mr.  McKean's  name  does  not  appear  upon 
these  copies,  although  Thornton's  name  is  there  ;  from  which 
it  seems  evident  that  Mr.  McKean  did  not  sign  until  after  Jan 
uary  18th  or  31st,  1777.  William  L.  Stone,  in  his  article, 
The  Declaration  of  Independence  in  a  New  Light?  says, 
"  Thomas  McKean  from  Delaware,  as  he  says  himself,  did  not 
sign  till  January,  1777."  Bancroft  states  in  his  History,3  that 
Mr.  McKean  signed  in  1781,  which  is  in  itself  preposterous, 
from  the  nature  of  the  instrument.  Peter  Force,  who  knew 
more  of  Revolutionary  history  than  any  man  living  in  later  days, 
does  not  appear  to  have  known  the  exact  date  ;  he  says,*  "  The 
signing  by  the  members  was  discontinued  at  the  close  of  the  year 

1776 One  signature  only, — that  of  Thomas  McKean 

— was  afterwards  added  to  the  Declaration  of  Independence." 

Mr.  McKean  in  the  letter  to  Mr.  Adams,  already  quoted, 
says,  "After  the  4th  of  July  I  was  not  in  Congress  for  several 
months."  He  repeats  this  in  the  letter  to  Mr.  Rodney  ;  but 
after  the  Delaware  convention  had  dissolved,  September  21st, 
he  was  probably  in  Congress  on  the  25th  and  27th,  for  on 
those  days  he  was  appointed  on  certain  committees.  His  name 
does  not  appear  again  in  the  journal  during  this  year.  From 
December  2,  1776,  to  January  30,  1778,  he  was  not  a  member 
of  Congress,  though  he  was  undoubtedly  in  Philadelphia  or 
wherever  Congress  was  in  session  during  that  time,  arid  might 
have  signed  during  this  interval. 

In  the  earlier  publications  of  the  Journals  of  Congress,  as 
already  remarked,  Mr.  McKean's  name  was  omitted  from  the 
list  of  signers  of  the  Declaration.  "The  error,"  says  he,  in 
the  letter  to  William  McCorkle  and  Son,  June  16,  1817,5  re 
mained  uncorrected  until  1781,'  when  I  was  appointed  to  print 
the  laws  of  Pennsylvania."  In  1796,  Alexander  J.  Dallas, 
also  in  printing  the  laws  of  Pennsylvania,  discovered  the  dis- 

1  Journals ;  also  Winsor  s  Nar.  and  Grit.  Hist.]  vi.,  268. 

2Harp.  Mag.,  Ixvii.,  211.  Mr.  Stone  kindly  informs  the  author  that  he 
gathers  this  statement  only  from  Mr.  McKean's  four  letters  on  this  subject. 

3  Ed.  1886,  ix.,  60  ;  ed.  1885,  v.,  16.  Justin  Winsor,  in  his  History,  yi., 
268,  and  Judge  Chamberlain,  in  his  Authentication,  p.  21,  as  collateral  mat 
ter  have  quoted  this  date  of  Bancroft's. 

*  The  Dec.  Jnd.,  etc.,  London,  1855,  p.  65. 

^Niles1  Reg.,  xii.,  278,  and  Diary  of  Christopher  Marshall,  Duane,  1877,  p. 
291  et  seq. 

6  This  expression  and  date  may  have  misled  Mr.  Bancroft. 


48  McKP^AN  FAMILY. 

crepancy  and  investigated  it.  Mr.  McKean's  reply  to  Mr. 
Dallas,  dated  September  26,  1796,  gives  this  explanation : 
"The  journal  was  first  printed  by  Mr.  John  Dunlap  in  1778,1 
and  probably  copies,  with  the  names  then  signed  to  it,  were 
printed  in  August  1776,  and  that  Mr.  Dunlap  printed  the 
names  from  one  of  them."*  Mr.  McKean's  name  is  omitted  in 
the  Journals  of  Congress,  by  Aitken  1777,  and  by  Folwell  in 
1800.  In  the  copies  of  the  Declaration  sent  to  the  several 
states  by  Congress  in  January  1777  ;3  and  in  The  Constitu 
tions  of  the  Several  /States,  William  Jackson,  London,  1783, 
and  in  the  Laws  of  Delaware,  1797,  [by  George  Reed]. 
His  name  first  appeared  with  those  of  the  other  signers,  in 
McKean's  Laws  1782,  which  he  had  been  appointed  to  publish 
in  1781 ;  also  in  Dallas'  Laws,  1797 ;  in  The  Constitu 
tions  of  the  United  States,  William  Duane,  1806  ;  in  the 
published  Journals  of  the  Pennsylvania  Senate,  December  2, 
1807,  under  an  order  that  the  Declaration  be  read  and  inserted 
in  the  Journal ;  (This  copy  is  peculiar,  by  reason  of  its  having 
the  name  of  Charles  Thomson  inserted  under  that  of  John 
Hancock,  and  before  the  names  of  the  other  signers.)  In 
Tyler's  fac  simile  of  the  Declaration  1818  ;  Journals  of  Con 
gress,  Way  and  Gideon,  1823,  and  probably  in  all  subsequent 
publications  of  the  Declaration. 

Of  early  official  printed  copies  of  the  Declaration,  the  first 
was  that  of  Dunlap,  July  4-5,1776;  the  next  was  by  Mary 
Katharine  Goddard  in  Baltimore,  which  is  the  publication  at 
tested  by  Hancock  and  Thomson,  in  their  own  hands,  and  sent 
to  the  States.4 

Of  fac-similes,  the  earliest  was  that  of  Benjamin  Owen  Tyler, 
styling  himself  "professor  of  penmanship,"  in  1818;  it  is  in 
Italian  script  with  fac  similes  of  signatures,  and  certified  to, 
by  Richard  Rush,  acting  Secretary  of  State.5  This  has  been 
engraved  on  copper  and  published  on  vellum,  and  on  paper.  A 
fac-simile  is  published  in  Force's  American  Archives,  1848, 
Y.  i,  1597,  bearing  the  imprint  "  W.  J.  Stone,  Sc.  Washn." 
One  was  published  in  New  York  in  1865  ;  and  another  in  The 

AJohn  Dunlap  printed  some  of  the  later  volumes,  and  Mr.  McKean,  with 
out  looking  in  the  earlier  volumes,  may  have  assumed  that  Dunlap  printed 
them  all. 

2  Sanderson,  where  the  letter  is  given  in  full. 

3  One  of  these  has  found  its  way  to  the  Boston  Public  Library ;  a  copy  of 
another  is  given  in  Hist.  Mag.,  Netes  and  Queries,  IV.,  2d  Ser.,  Nov.,  1868. 

4Winsor's  Hist.,  vi.,  268. 

5  A  copy  is  in  the  State  House  at  Annapolis. 


THOMAS  McKEAN.  49 

Declaration  of  Independence,  Boston,  1876.1  A  photolith- 
ograph,  half  size,  by  N.  Peters,  Washington,  D.  C.,  in  1873, 
certified  by  C.  Delano,  Secretary  of  the  Interior,  and  M.  D. 
Leggett,  Commissioner  of  Patents.  Another  by  A.  G.  Ged- 
ney,  Washington,  1883,  photographed,  half  size,  from  the 
original  parchment ;  below  this  are  fac-sfmile  of  the  signatures 
with  the  imprint — "  Restoration  of  signatures,  from  a  copper 
plate  engraving  in  fac-simile,  made  by  order  of  President 
Monroe  in  1823. "2  Fac  similes  of  the  signatures  alone,  are 
given  in  Lossing's  Field  Book  of  the  Revolution,  1860,  pp. 
80-1  ;  in  Winsor's  History  already  quoted,  vi.,  263-6 ; 
Harper's  Magazine,  iii.,  158-9 ;  and  in  numerous  other  works. 

The  famihr  of  Commodore  McKean,  in  Binghamton,  N.  Y., 
is  in  possession  of  what  is  probably  a  fac  simile  of  the  Declara 
tion  on  parchment.  The  author  not  having  seen  it  is  unable 
to  identify  it  with  such  as  have  been  described. 

It  is  unfortunate  that  at  the  present  day  the  signatures  can 
with  difficulty  be  made  out  on  the  engrossed  Declaration,  which 
is  in  the  State  Department.  A  recent  writer  has  said  that  the 
ink  was  stolen!  that  some  one  obtained  permission  to  make  a 
fac  simile  of  the  Declaration,  and  passed  the  parchment  between 
heavy  rollers  which  took  up  most  of  the  ink,  causing  the  writ 
ing  to  become  faint,  and  many  of  the  signatures  wholly  illegible. 

WAR  MEASURES. 

On  the  day  the  Declaration  was  passed,  Congress  resolved 
that  the  delegates  in  Congress  from  New  York,  New  Jersey, 
and  Pennsylvania,  the  Council  of  Safety,  the  Committee  on  Ob 
servation  and  Inspection  for  Philadelphia,  and  the  field  officers 
of  the  Pennsylvania  battalions,  should  be  a  committee  to  take 
measures  for  the  safety  of  New  Jersey.  This  committee  met 
the  next  day,  the  oth,  and  Colonel  McKean  was  called  to  the 
chair.  It  was  ordered  that  all  the  military  march  without  delay 
to  Trenton,  except  three  battalions  which  go  to  New  Brunswick.3 

In  consequence  of  the  above  order,  Colonel  McKean  marched 
at  the  head  of  his  battalion  to  Perth  Amboy,*  in  New  Jersey,  to 

1  Winsor's  Hut.,  vL,  266. 

2  While  this  page  is  in  press,  Mr.  Gedney  states  that  this  copper  plate 
is  the  one  bearing  the  imprint  of  W.  J.  Stone,  and  the  same  which  caused 
the  ruin  of  the  parchment  Declaration  ;  that  a  damp  paper  was  placed  over 
the  signatures  to  transfer  them,  blotting  out  nearly  all  the  writing. 

8  Force,  American  Archives,  Ser.  V.,  i.,  14  et  seq. 

4  See  also  Historic  Mansions  of  Phil.,  Thompson  Westcott,  p.  488. 


50  McKEAN  FAMILY. 

support  General  Washington.  The  Pennsylvania  Associators 
were  under  command  of  General  Daniel  Roberdeau,  who  had 
been  elected  to  the  command  of  the  Pennsylvania  militia.1  A 
letter  from  Colonel  McKean,  published  in  Sanderson's  Lives, 
gives  an  account  of  his  battalion  being  under  fire.  After  the 
flying  camp  of  10,000  men  had  been  completed,  the  Associators 
were  relieved.  In  the  Pennsylvania  Evening  Post-  of  August 
13,  1776,  is  published  a  resolution  of  the  convention  for  the 
State  of  Pennsylvania,  that  such  battalions  as  shall  furnish  their 
quota  of  the  flying  camp,  may  return  home  if  the  generals  and 
field  officers  shall  judge  it  to  be  expedient.  And  about  this 
time  Colonel  McKean  returned  to  his  seat  in  Congress,  and 
perhaps  at  that  time  signed  the  engrossed  Declaration,  as  already 
related. 

PUBLIC  MEETINGS. 

A  new  Constitution  for  the  State,  proposed  by  Franklin,  was 
considered  in  a  public  meeting  at  the  State  House,  October 
21,  at  which  Colonel  John  Bayard  was  chairman  ;  about  1500 
persons  attended.  The  Constitution  proposed  was  generally 
objectionable  on  account  of  certain  religious  qualifications,  as 
well  as  for  various  other  reasons.  Thomas  McKean,  John 
Dickinson  and  others,  opposed  it ;  James  Cannon,  Timothy 
Matlack,  Dr.  Young,  and  Col.  James  Smith,  favored  it.2 

Not  long  after  this,  November  25,  1776,  Mr.  McKean  pre 
sided  at  a  meeting  at  the  Indian  Queen,3  to  counteract  the  in 
fluence  of  the  Tories.  It  appears  that  they  were  in  the  habit 
of  meeting  aj  taverns,  and  singing  God  save  the  King.*  These 
trifles  show  the  earnestness  of  Mr.  McKean,  and  the  great  in 
terest  he  had  in  the  cause  of  independence.  Although  filling 
the  exalted  position  of  a  delegate  in  Congress,  he  deemed  noth 
ing  too  insignificant  to  receive  his  aid,  when  it  led  towards 
independence.  He  endured  the  privations  of  a  soldier's  life, 
speaks  at  one  meeting,  presides  at  another,  meets  with  the 
Council  of  Safety,  presides  at  the  Delaware  Assembly,  and  we 
next  find  him  in  quite  another  sphere. 

1  Elected  at  Lancaster,  Pa.,  July  4th,  1776,  by  representatives  of  the  57 
battalions  in  the  State.  Thomas  McKean  was  one  of  the  candidates  voted 
for,  and  received  a  few  votes.  (Genealogy  of  the  Roberdeau  Family,  p.  67.) 

2Scharf  and  Westcott,  i.,  324  ;  Diary  of  Christopher  Marshall,  Duane,  p.  98. 

3  Described  in  Pa.  Mag.,  xi.,  103,  503. 

*  Scharf  and  Westcott,  i.,  p.  326. 


THOMAS  McKEAN.  51 


WRITES  THE  CONSTITUTION  FOR  THE  STATE  OF  DELAWARE. 

During  his  absence  in  -the  army,  Colonel  McKean  was 
elected  a  member  of  the  convention  for  forming  a  constitution 
for  the  state  of  Delaware.  No  sooner  had  he  resumed  his 
seat  in  congress,  than  his  attendance  was  required  at  New 
castle  l  as  a  member  of  this  convention.  He  reached  that  place 
in  a  single  day.  Immediately  upon  his  arrival,  after  a  fatigu 
ing  ride,  he  was  waited  upon  by  a  committee  of  gentlemen, 
members  of  the  convention,  who  requested  that  he  would  pre 
pare  the  constitution  for  them.  He  retired  to  his  room  at  the 
public  inn,  sat  up  all  night,  and  wrote  that  constitution  with 
out  the  aid  of  a  book  or  the  least  assistance.  At  ten  o'clock 
the  next  morning,  it  was  presented  to  the  convention,  by  whom 
it  was  unanimously  adopted.2  Understanding  the  wants  and 
feelings  of  the  people,  well  versed  in  law  and  the  principles  of 
republicanism,  and  a  ready  writer,  he  was  able  to  perform  in 
a  few  hours,  a  work  that  in  modern  times  requires  the  labors 
of  an  expensive  assembly  for  months.3 

Mr.  McKean  relates  this  remarkable  incident  in  the  letter 
to  Governor  Rodney,  dated  August  22,  1813,  already  alluded 
to  as  published  in  fac-simile,  in  Brotherhead's  Book  of  the 
Signers;  the  paragraph  is  as  follows: 

"  When,  the  associators  were  discharged  I  returned  to  Phila 
delphia,  took  my  seat  in  Congress,  and  signed  the  declaration  on 
parchment.  Two  days  after  I  went  to  Newcastle,  joined  the 
Convention  for  forming  a  constitution  for  the  future  government 
of  the  State  of  Delaware  (having  been  elected  a  member  for 
Newcastle  county,)  which  I  wrote  in  a  tavern  without  a  book  or 
any  assistance." 

This  has  been  justly  regarded  as  the  greatest  act  of  Mr.  Mc- 
Kean's  life ;  requiring  not  only  a  profound  knowledge  of  law 
and  politics,  but  a  quick  perception,  a  good  memory,  clear  dis 
criminating  judgment,  and  a  ready  pen,  to  accomplish  so  much 
in  so  short  a  time.  It  will  be  remembered  that  this  was 
mainly  original  work,  there  being  few  or  none  other  constitu 
tions  in  those  days  to  serve  as  a  guide.  This  constitution 
may  be  seen  in  The  Federal  and  State  Constitutions,  B.  P. 
Poore,  1877. 

1  Sanderson  and  others  give  this  wrongly,  Dover ;  Mr.  McKean  states  it 
correctly  in  his  letter  quoted  below. 

2  Sanderson,  Goodrich  and  other  biographies. 

3  Judson's  Lives. 


52  McKEAN  FAMILY. 

Mr.  McKean's  claim  to  be  the  author  of  this  constitution 
has  been  disputed  in  favor  of  George  Read,  and  although  the 
counter-claim  rests  upon  very  untenable  grounds,  yet  it  would 
not  be  quite  fair  to  wholly  ignore  it  in  this  biography.  Fifty- 
seven  years  after  Mr.  McKean  wrote  the  statement  just  quoted, 
William  T.  Read,  Esq.,  claimed  that  his  grandfather  wrote  the 
constitution,  because  a  copy  was  found  in  that  gentleman's 
handwriting — a  very  untenable  argument,  for  he  may  have 
copied  it.  Such  a  writing  might  be  used  in  corroboration  to 
strengthen  other  evidence  ;  but  it  has  no  force  as  evidence 
when  used  alone.  The  statement  in  full  is  as  follows : 

u  Among  Mr.  Read's  papers  I  find  a  document  in  his  hand 
writing  indorsed  '  Original  Draft  of  the  System  of  Government  of 
the  Delaware  State,  with  Amendments,'  which  makes  it  certain 
that  lie  wrote  this  first  constitution  of  Delaware."  1 

Not  quite  so  certain,  for  the  very  caption  of  this  paper  is 
fatal  to  such  claim.  This  heading, — Original  Draft,  etc.,  with 
amendments  never  could  have  been  written  until  after  the 
amendments  had  been  proposed  ;  that  is,  long  after  the  original 
draft  had  been  submitted  to  the  convention  ;  consequently  this 
paper  in  Mr.  Read's  handwriting  can  not  be  that  original 
draft  of  the  constitution.  The  true  original  draft  would  not 
have  been  entitled  the  draft  with  amendments. 

Mr.  Read,  so  far  as  we  know,  did  not  claim  this  honor  for 
himself ;  nor  is  any  mention  made  of  such  claim  in  his  biogra 
phy  in  "  Sanderson's  Lives,"  written  by  William  T.  Read.2 
It  first  appears  in  Allibone's  Dictionary  of  Authors,  in  1854, 
by  whom  written  is  unknown,  but  presumed  to  be  by  William 
T.  Read,  who  was  a  member  of  the  Delaware  Historical  Soci 
ety,  and  therefore  a  very  likely  person  to  have  supplied  this 
biography  to  Dr.  Allibone.  And  it  was  not  until  1870,  nearly 
sixty  years  after  Mr.  McKean's  Rodney  letter  was  written, 
that  the  grounds  for  the  claim  were  made  public.  Why  such 
delay  in  making  known  a  historical  matter,  if  Mr.  Read  really 
were  the  author  ? 

In  a  note  to  the  passage  above  cited,  William  T.  Read  then 
attacks  Mr.  McKean's  statement.  After  quoting  the  paragraph 
upon  this  question  in  "  Sanderson's  Lives,"  he  alludes  to  it  as 
"  this  fine  specimen  of  glorification,"  notwithstanding  the  fact 
that  he  has  just  made  a  similar  claim  in  behalf  of  his  own  grand 
father.  Whether  this  latter  should  also  be  considered  a  fine 

lLife  and  Corresp.  Geo.  Read,  William  T.  Read,  1870,  p.  186. 
Ibid.,  p.  159,  authorship  so  stated. 


THOMAS  McKEAN.  53 

specimen  of  glorification,  he  has  apparently  left  to  the  judgment 
of  the  reader.  However  this  may  be,  Mr.  Read  then  goes  on 
further  to  criticise  the  several  statements  in  "  Sanderson's 
Lives,"  that  the  convention  was  held  at  Dover  (which  should 
be  Newcastle),  that  Mr.  McKean  himself  presented  the  con 
stitution  to  the  convention,  and  that  it  was  adopted  the  next 
morning.  Although  these  criticisms  are  just,  yet  the  mis 
takes  are  not  Mr.  McKean's,  but  Sanderson's,  caused  by  am 
plifying  Mr.  McKean's  simple  statement,  "  which  I  wrote  in  a 
tavern  without  a  book  or  any  assistance."  In  attacking  col 
lateral  statements,  Mr.  Read  seems  to  overlook  the  fact  that 
the  main  question  still  stands  uncontradicted. 

It  seems  to  be  more  than  anything  else,  either  carelessness 
or  an  error  of  judgment  on  Mr.  Read's  part  to  advance  this 
claim  for  his  grandfather ;  since  he  has  neither  refuted  Mr. 
McKean's  claims,  nor  substantiated  a  claim  for  George  Read.1 

Mr.  McKean's  character  for  integrity  is  sufficiently  well  es 
tablished  by  his  acts,  and  fully  made  known  by  the  concurrent 
testimony  of  impartial  historians,  to  warrant  the  statement  that  if 
Mr.  McKean  says  he  wrote  that  constitution,  it  is  so.  Lossing, 
the  historian,  in  his  Biographical  Sketches  of  the  Signers 
(1860f  pp.  140-4),  accredits  Mr.  McKean  with  the  authorship, 
and  not  Mr.  Read.  Scharf,  in  his  History  of  Delaware  (2 
vols.,  1888,  i.,  187,  203),  accredits  the  authorship  to  each  in 
his  biographical  sketches,  showing  that  he  had  not  carefully 
examined  the  question. 

George  Read  as  president  of  the  convention,  would  natur 
ally  require  a  copy  of  the  constitution  under  discussion,  so  as 
to  intelligibly  direct  the  proceedings.  The  amendments  on  this 
paper  being  u  in  a  different  handwriting,  probably  that  of  the 

1  This  is  not  the  only  mistake  or  inaccuracy  in  the  volume.  The  name 
McKinly  is  spelled  wrongly  throughout  the  volume.  On  page  344  Mr. 
Read  states  that  Mr.  McKean  died  June  17th,  and  that  he  had  eleven 
children  by  his  second  wife— both  of  which  are  wrong.  Regarding  this 
convention  he  has  several  mistakes:  He  says  in  the  text,  page  182,  that  the 
sub-committee  reported  on  the  13th,  the  report  read  a  second  time,  and  re 
committed  on  the  15th,  reported  again  on  the  16th;  and  in  the  note  page 
1 8 7,  these  dates  are  given  13th,  14th  and  18th  respectively,  all  of  which  are 
wrong"  except  the  second  date  named.  Moreover,  the  two  pages  are  not  con 
sistent  with  one  another.  May  we  not  also  suspect  Mr.  Read  of  carelessness 
elsewhere  ?  These,  however,  are  trifles  compared  with  the  grievous  histor 
ical  mistake  he  makes  on  page  229  and  elsewhere,  in  saying  that  "the 
Declaration  of  Independence  was  signed  July  4th,  1776,  by  all  present  in 
Congress  on  that  day  except  Mr.  Dickinson"  By  this  error  of  judgment  he 
charges  his  grandfather  with  the  inconsistency  of  voting  against  the  Decla 
ration  in  the  morning  and  signing  it  in  the  afternoon. 


54  McKEAN  FAMILY. 

Secretary  of  the  Convention,"  (as  William  T.  Read  himself 
says  in  the  above  work,  p.  186,)  renders  it  still  more  probable 
that  this  paper  in  George  Read's  handwriting  is  the  identical 
copy  he  had  before  him  ;  since  the  secretary  is  the  proper  one 
to  have  supplied  the  presiding  officer  with  copies  of  the  changes 
and  amendments  made  from  time  to  time. 

A  recent  visit  to  Dover  disclosed  the  fact  that  there  are  now 
no  manuscript  records  whatever  in  the  archives  of  the  state, 
relating  to  this  convention.  Even  the  constitution  itself  can 
not  be  found.  All  the  records  were  probably  destroyed  many 
years  ago.  Very  likely  the  records  were  captured  by  -the 
British  at  the  time  President  McKinly  was  taken  prisoner,  as 
related  in  a  letter  of  Mr.  McKean  on  a  subsequent  page.1  The 
journals  of  the  convention  were,  however,  published  in  1776, 
by  which  it  appears  that  the  convention  met  August  27,  1776, 
George  Read  being  elected  president.  On  the  30th  Mr. 
McKean  obtained  leave  of  absence  on  account  of  the  sickness 
of  his  son  and  sister.  He  returned  September  6th,  and  the 
following  day  with  George  Read  and  others  was  placed  on 
the  committee  to  draft  the  constitution.  The  committee  re 
ported  on  the  14th  ;  the  matter  was  read  a  second  time  on  the 
15th,  and  recommitted  ;  reported  again  on  the  17th.  The 
constitution  was  partly  agreed  to  on  the  18th,  and  fully  ap 
proved  on  the  20th.  The  convention  was  dissolved  on  the 
21st. 

CHIEF  JUSTICE  OF  PENNSYLVANIA. 

On  the  28th  of  July  1777,  Mr.  McKean  received  from  the 
Supreme  Executive  Council,  the  commission  of  Chief  Justice 
of  Pennsylvania  ;  the  duties  of  which  high  station  he  performed 
with  zeal  and  fidelity  for  twenty-two  years.  At  the  time  of 
his  appointment,  he  was  Speaker  of  the  House  of  Ass^-nbly  of 
Delaware,  and  a  delegate  in  Congress  from  that  State.  Six 
weeks  later  he  became  President  of  Delaware.  He  took  the 
oath  of  office  September  1st  following  ;  and  was  subsequently 
reappointed  July  29,  1784,  and  July  29,  1791.2 

The  period  during  which  Mr.  McKean  exercised  the  func 
tions  of  Chief  Justice,  was  one  of  the  most  important  and  try 
ing  in  the  whole  course  of  the  jurisprudence  of  the  common 
wealth.  It  was  at  the  time  when  the  laws  were  unsettled,  even 
the  constitutions  of  the  states  undefined,  and  national  existence 


also  Appleton's  Cyclop.  Biog.  McKinly,  iv.,  137. 
•Scharf  and  W^stcott,  ii.,  1559;  Hazard's  Penn.  Archives,  v.,  621. 


THOMAS  McKEAN.  55 

itself  in  question.  The  country  was  in  the  midst  of  a  revolu 
tion  when  he  came  to  the  bench ;  and  for  several  years  the 
civil  was  necessarily  subordinate  to  the  military  rule.  Hence 
the  interpretation  of  organic  and  statute  law  had  to  be  made 
de  novo;  precedents  had  to  be  established,  and  the  whole 
practice  of  the  courts  adapted  to  the  changed  relations  which 
existed.  The  causes  which  were  brought  in  his  court  were 
many  of  them  peculiar  to  a  period  of  war  and  conquest ; — causes 
involving  the  most  delicate  questions,  vital  alike  to  the  rights 
of  the  subject,  and  the  vindication  of  justice.  Trials  for  high 
treason,  for  attainder,  for  the  confiscation  of  property,  were 
frequent.  A  case  rarely  transcended  in  importance  and 
amount  involved,  in  any  nation  or  in  any  age,  was  the  forfeit 
ure  of  the  proprietary  estates.  The  rulings  of  the  chief  jus 
tice,  through  all  this  trying  period,  and  in  their  different  causes 
were  marked  by  great  prudence  and  wisdom.1 

"  Chief  Jestice  McKean,"  observes  a  late  Judge  of  the  Supreme 
Court,  "  was  a  great  man;  his  merit  in  the  profession  of  the  law 
and  as  a  judge,  has  never  been  sufficiently  appreciated.  It  is  only 
since  I  have  been  upon  the  bench  that  I  have  been  able  to  con 
ceive  a  just  idea  of  the  greatness  of  his  merit.  His  legal  learning 
was  profound  and  accurate  ;  but  in  the  words  of  the  poet — 

Materiam  superbat  opus. — 

The  lucidity  of  his  explication,  and  the  perspicuity  of  his  language, 
which  is  the  first  excellence  in  the  communication  of  ideas,  was 
perfect ;  but  I  never  saw  equalled  his  dignity  of  manner  in  deliv 
ering  a  charge  to  a  jury,  or  on  a  law  argument  to  the  bar.  But 
what  is  still  more,  his  comprehension  of  mind  in  taking  notes,  so 
as  to  embrace  the  substance,  and  yet  omit  nothing  material,  has 
appeared  to  be  inimitable."2 

"All  subsequent  decisions  of  the  Supreme  Court  have  sanctioned 
his  judicial  fame,  and  even  European  judges  yielded  to  him  spon 
taneous  praise."3 

Having  heard  the  opinions  of  a  judge,  let  us  now  turn  to 
those  of  the  advocate :  David  Paul  Brown,  who  achieved  an 
enviable  distinction  at  the  Philadelphia  bar,4  writes  that  Chief 
Justice  McKean  "  was  always  considered  a  sound  lawyer  and 
an  upright  judge  ;  .  .  he  was  a  stern  and  arbitrary  man.  .  .  . 
Though  always  deemed  a  very  able  lawyer,  and  a  man  of  in- 

1  Armor,  Lives  of  the  Governors  of  Perm. 

2  Ibid.,  and  also  as  quoted  in  Sanderson's  Lives.     Author  unknown. 
zThe  Supreme  Court  Bench  of  Pennsylvania,  in  Hazard's  Reg.,  iii.,  241,  a 

similar  article  to  the  previous,  and  probably  by  the  same  author. 
*The  Forum,  i.,  327,  et  seq. 


56  McKEAN  FAMILY. 

flexible  honesty,  was  still  a  man  of  strong  prejudices,  jealous 
of  his  authority,  and  rough  and  overbearing  in  its  maintainance. 
.  .  .  Whatever  may  have  been  his  deficiency  in  civility,  he 
was  a  judge  of  great  decision  and  force  of  character.  During 
the  course  of  his  long  judicial  life,  he  never  wavered  in  what 
his  duty  seemed  to  require." 

L.  Carroll  Judson,  also  a  member  of  the  Philadelphia  bar, 
says,  in  his  beautifully  written  biography:1 

"No  threats  could  intimidate,  or  influence  reach  him  when 
designed  to  divert  him  from  the  independent  discharge  of  his  duty. 
His  profound  legal  acquirements,  his  ardent  zeal,  his  great  justice, 
his  vigorous  energy,  and  his  noble  patriotism  enabled  him  to  out 
ride  every  storm,  and  calm  the  raging  billows  that  often  surrounded 

him His  legal  opinions,  based  as  they  generally  are,  upon  the 

firm  pillar  of  equal  justice,  strict  equity,  and  correct  law, — given 
as  they  were,  when  a  form  of  government  was  changing,  the  laws 
unsettled,  our  state  constitutions  justformed,  the  federal  con 
stitution  bursting  into  embryo, — are  monuments  of  fame,  enduring 
as  social  order,  respected  and  cononized." 

"  He  was  without  exception  one  of  the  greatest  legal  minds  in 
our  early  history ;  filling  every  station  with  distinguished  zeal  and 
fidelity, — a  man  of  eminent  learning,  ability  and  integrity,  whom 
neither  fear  nor  favor  could  bend  from  the  stern  line  of  duty."2 

With  two  more  quotations  I  will  close  these  extracts,  my 
purpose  being  to  show  that  praise  of  the  legal  and  judicial 
fame  of  Thomas  McKean  is  not  confined  to  the  writings  of  a 
few;  but  is  universally  proclaimed  by  all  his  biographers. 
The  following  is  from  another  beautifully  written  biography  by 
David  R.  B.  Nevin.3 

"Of  McKean  as  a  lawyer,  we  may  safely  say  he  was  master  of 
that  intricate  profession.  As  a  contemporary  remarked  of  Tilgh- 
man,  we  may  appropriately  say  of  McKean,  *  he  took  in  at  one 
glance  all  the  beauties  of  the  most  obscure  and  difficult  litigations. 
With  him  it  was  intuitive,  and  he  could  untie  the  knots  of  a  con 
tingent  remainder,  or  an  executive  device,  as  familiarly  as  he 
could  his  garter.'  Of  his  career  as  a  judge,  it  is  unnecessary  for 
us  to  comment;  for  his  judicial  fame  is  the  common  property  of 
the  world.  Pennsylvania,  however  much  she  may  have  suffered 
in  many  instances  by  irresponsible  and  unworthy  political  repre 
sentatives  in  the  councils  of  the  nation,  has  always  been  justly 
proud  of  her  incorruptible  and  learned  judiciary.  Ross,  Tilgh- 

^Biography  of  the  Signers,  1839. 

8  W.  H.  Egle,  in  Penn.  Mag.,  xi.,  250  ;  The  Fed.  Const.,  Sketches,  etc. 

3  Continental  Sketches  of  Distinguished  Pennsylvanians,  1875. 


THOMAS  McKEAN.  57 

man,  Ingersoll,  Rawle,  and  Bradford,  with  a  host  of  others,  were 
brilliant  stars  in  the  legal  firmament  of  the  old  colonial  times ; 
and  the  lustre  of  the  galaxy  has  not  been  dimmed  by  such  modern 
luminaries  as  Gibson  and  Black.  But  the  peer  of  them  all  was 
Chief  Justice  McKean.  A  faultless  logician,  fluent  without  the 
least  volubiliiy,  wonderfully  concise,  with  a  naturally  logical 
mind,  well  disciplined  by  severe  and  systematic  training,  he  was 
a  most  brilliant  advocate  and  attorney.  As  a  judge  he  had  few 
equals  in  this  or  any  other. land.  When  he  assumed  the  judicial 
ermine,  the  laws  of  Pennsylvania  were  crude  and  unsettled  ;  and 
it  devolved  upon  him  to  overcome  all  these  difficulties,  and  bring 
order  out  of  comparative  chaos.  His  decisions  were  remarkably 
accurate,  sometimes  quite  profound,  and  always  delivered  with  a 
grace  of  diction,  and  a  perspicuity  of  language,  which  commended 
them  to  the  cultivated  legal  mind.  His  personal  appearance  on 
the  bench  was  a  combination  of  proper  affibility  and  great  dig 
nity." 

We  have  heard  the  words  of  his  friends — it  is  but  just  to  give 
ear  to  one  of  his  opponents,1  who  says  of  Chief  Justice  Mc 
Kean : 

uHe  was  well  qualified  for  the  office  of  Chief  Justice,  by  his 
power  to  reason,  discriminate  and  combine;  his  great  learning, 
and  ready  use  of  it;  his  courage,  firmness,  and  inflexibility;  but 
little  accessible  to  pleadings  for  mercy,  and  so  much  the  slave  of 
party,  (as  appears  by  the  authority  cited  in  the  sequel  to  this 
sketch,)  as  to  lend  more  than  once,  his  judicial  power  to  punish 
its  enemies  and  still  more  his  own."2 

Other  extracts  may  be  found  in  the  various  biographies  of 
Chief  Justice  McKean,  too  numerous  to  be  inserted  here.3 

NOTED  CASES. 

The  cases  decided  by  Chief  Justice  McKean  are  contained 
in  Alexander  J.  Dallas'  Reports  of  Pennsylvania  cases,  in 
four  volumes,  1754  to  180(3.  The  first  volume  was  published 

1  Of  those  writing  since  Judge  McKean's  death,  I  have  found  but  two  who 
have  written  against  him.  See  note  at  end  of  this  biography. 

*Life  of  Geo.  Read,  by  his  grandson,  William  T.  Read,  1870,  p.  335.  The 
fact  that  McKean  sent  an  express  for  Caesar  Rodney  and  outvoted  Read  on 
the  Declaration,  seems  to  rankle  in  the  heart  of  the  grandson,  who  spares 
no  opportunity  throughout  the  whole  of  his  work  to  speak  against  Judge 
McKean.  This  is  to  be  regretted,  as  McKean  and  Read  were  friends,  as 
well  as  colleagues  and  compatriots. 

3  The  principle  of  which  may  be  named  :  National  Portraits,  by  Longacre 
and  Herring,  1839  ;  Hazard's  Reg.  of  Penn.,  1829,  iii.,  241;  Hist. Chester  Co., 
Penn.,  by  John  Smith  Futhey  (Judge  of  the  Chester  Co.  Court)  and  Gilbert 
Cope,  besides  other  extracts  in  the  various  works  already  quoted. 


58  McKEAN  FAMILY. 

in  1790,  and  the  series  dedicated  to  Chief  Justice  McKean. 
The  other  volumes  appeared  successively  in  1798,  1799,  and 
1807.  Lord  Mansfield,  then  in  his  advanced  years,  upon  re 
ceiving  the  first  volume  from  Judge  McKean,  in  1791,  sent  the 
following  in  reply :  "  I  am  not  able  to  write  with  my  own 
hand,  and  most  therefore  beg  leave  to  make  use  of  another,  to 
acknowledge  the  honor  you  have  done  me  by  your  most 
obliging  and  elegant  letter,  and  sending  me  Dallas'  reports.  I 
am  not  able  to  read  myself,  but  have  heard  them  all  read  with 
much  pleasure.  They  do  credit  to  the  court,  the  bar,  and  the 
reporter.  They  show  readiness  in  practice,  liberality  in  prin 
ciple,  strong  reason,  and  legal  learning.  The  method  too  is 
clear  and  the  language  pure."1 

Among  the  more  prominent  cases  which  came  before  Chief 
Justice  McKean  may  be  mentioned  the  following : 

Roberts  and  Carlisle  (1  Dallas,  35,  39).  When  the  Brit 
ish  took  possession  of  Philadelphia,  John  Roberts  enlisted  in 
the  British  army,  and  tried  to  induce  others  to  do  the  same. 
Abraham  Carlisle  was  a  carpenter,  who  received  a  commis 
sion  from  Sir  William  Howe  to  watch  and  guard  the  gates  of 
the  city,  with  power  of  granting  passports.  They  were  at 
tainted  for  high  treason,  and  the  trial  came  in  September,  1778. 
Joseph  Reed  was  the  leading  counsel  on  the  part  of  the  State. 
The  just  performance  of  Chief  Justice  McKean's  judicial  func 
tions  during  this  time  of  war  required  not  only  the  learning  of 
the  lawyer,  but  the  unyielding  spirit  of  the  patriot.  Proclaim 
ing  from  the  bench  the  law  of  justice  and  his  country,  with 
distinguished  learning,  ability  and  integrity,  neither  fear  nor 
power  could  bend  him  from  the  stern  line  of  duty.  Regardless 
of  the  powers  of  the  crown  of  Great  Britain,  he  did  not  hesitate 
to  hazard  his  own  life  by  causing  to  be  punished,  even  unto 
death,  those  who  were  proved  to  be  traitors  to  their  country.2 

The  fate  of  these  men  caused  great  excitement  generally, 
and  especially  among  the  Quakers,  to  which  sect  they  belonged. 
The  Supreme  Executive  Council  was  deluged  with  petitions  for 
clemency  ;  private  citizens  sent  a  score  of  petitions,  the  minis 
ters  of  the  gospel,  the  grand  jury,  the  jury  which  tried  them  ; 
even  the  judiciary,  Chief  Justice  McKean  and  Judge  Evans, 
petitioned  the  Council  for  a  postponement  of  the  execution. 
Chief  Justice  McKean's  notes  of  the  trial  were  sent  to  the 

1 MSS.  McKean  family,  Binghamton,  and  partly  quoted  in  Hazard's  Reg. 
of  Penn.j  iii.,  241  et  seq. 
'Sanderson's  Lives.    See  also  Hazard's  Reg.,  iii.,  241. 


THOMAS   MoKEAN.  59 

Council  for  their  information.1  It  appears  from  this  that  Roberts 
and  Carlisle  were  the  lamented  victims  of  inflexible  justice. 
The  petition  of  the  Chief  Justice  shows  that  he  did  not  deserve 
the  censure  bestowed  upon  him  by  the  quakers  and  tories,  both 
in  prose  and  verse ;  he  simply  performed  his  duty  in  passing 
sentence,  the  execution  of  which  rested  with  the  Supreme  Ex 
ecutive  Council,  who  could  have  pardoned  the  prisoners  if  they 
had  found  sufficient  cause  to  do  so. 

Samuel  Chapman  (1  Dallas,  53)  was  also  attainted  for  high 
treason  in  the  April  term,  1781,  for  not  having  surrendered 
himself  on  the  1st  of  August,  1778,  as  required  by  a  procla 
mation  issued  by  the  Supreme  Executive  Council,  in  pursuance 
of  an  act  of  the  Assembly  passed  March  6, 1778.  The  charge 
of  the  Chief  Justice,  which  resulted  in  the  acquittal  of  the  de 
fendant,  was  learned  and  circumstantial,  embracing  a  lucid  ex 
position  of  the  law,  and  exciting  the  unqualified  admiration  of 
his  professional  brethren  ;  while  it  dissatisfied  and  disappointed 
those  men  who  thirsted  after  blood.  No  popular  excitement 
against  individuals  accused  of  offences  could  in  the  slightest 
degree  divert  Chief  Justice  McKean  from  the  firm  and  inflex 
ible  discharge  of  his  public  duty.  His  decision  evinced  the 
soundness  of  his  judgment,  and  the  disdain  he  felt  for  the  pop 
ular  clamor  excited  by  the  occasion.2 

A  writ  of  Habeas  Corpus.  Soon  after  his  appointment  as 
Chief  Justice,  an  incident  occurred  evincing  in  bold  relief,  the 
independent  principle  of  action  which  guided  his  judicial 
career.  Twenty  persons  were  confined  in  the  Free-Mason's 
lodge  at  Philadelphia,  on  treasonable  charges ;  and  the  popular 
excitement  against  them  was  extremely  violent.  They  pub- 
lished  a  remonstrance  in  the  Pennsylvania  Packet  of  Septem^ 
ber  5,  1777 ;  and  application  was  made  to  the  Chief  Justice 
for  writs  of  habeas  corpus  in  their  behalf,  which  were  granted. 
This  act,  at  a  period  of  peculiar  public  agitation,  created  great 
dissatisfaction  among  the  more  violent  whigs,  in  which  many 
members  of  Congress  participated.  So  marked  was  their  dis 
pleasure,  that  Judge  McKean,  esteeming  the  good  opinion  of 
good  men,  next  to  the  approbation  of  a  good  conscience,  wrote 
to  John  Adams  on  the  subject,  explaining  his  course  of  action. 
For  a  statement  of  Judge  McKean' s  position  in  this  matter,  the 
reader  is  referred  to  Sanderson's  Lives ;  suffice  it  here  to  say 
in  brief,  that  Judge  McKean  had  followed  the  Pennsylvania 

lPenn.  Archives,  Hazard,  1853,  vii.,  21,  25,  44,  53,  etc. 
2  Sanderson's  Lives. 


60  McKEAN  FAMILY. 

statute,  which  had  somewhat  modified  the  laws  regarding 
habeas  corpus,  and  by  which  all  discretionary  power  in  the 
judges  was  taken  away,  and  a  penalty  of  five  hundred  pounds 
imposed  for  a  refusal  to  grant  a  writ.1 

The  popular  excitement  against  these  tories  was  so  great 
that  the  Assembly  passed  a  law  suspending  the  writ  of  habeas 
corpus,  thus  preventing  the  execution  of  Judge  McKean's 
writ.  William  Allen,  a  lawyer  and  a  tory,  in  his  Journal 
calls  this  "  a  law  ex  post  facto  and  pendente  lite,  the  very  ex 
treme  of  tyranny."2 

Warrant  against  Colonel  Hooper.  Judge  McKean's  firm 
ness  in  the  execution  of  the  law  is  exemplified  by  another 
striking  example.  In  1778  he  issued  a  warrant  against 
Colonel  Robert  L.  Hooper,  deputy  quartermaster,  charging 
him  with  having  libelled  the  magistrates  in  a  letter  to  Gouver- 
neur  Morris ;  and  directing  the  sheriff  of  Northampton  county 
to  bring  the  said  Hooper  before  him  at  Yorktown.  Colonel 
Hooper  waited  on  General  Green,  who  wrote  to  Judge  Mc- 
Kean  that  he  could  not  consent  to  Colonel  Hooper's  absence. 
To  this  letter,  the  reply  of  the  Chief  Justice,  under  date  of  June 
9,  1778,  contains  the  following  characteristic  paragraph: 

"  1  do  not  think,  sir,  that  the  absence,  sickness,  or  even  death 
of  Mr.  Hooper  could  be  attended  with  such  consequences  that  no 
other  person  could  be  found,  who  could  give  the  necessary  aid 
upon  this  occasion ;  but,  what  attracts  my  attention  the  most,  is 
your  observation  that  you  cannot,  without  great  necessity,  consent 
to  his  being  absent.  As  to  that,  sir,  I  shall  not  ask  your  consent, 
nor  that  of  any  other  person,  in  or  out  of  the  army,  whether  my 
precept  shall  be  obeyed  or  not  in  Pennsylvania." 

There  is  a  strain  of  inflexible  firmness  and  unshrinking  dig 
nity  pervading  this  letter,  admirably  illustrative  of  the  whole 
course  of  his  judicial  conduct.3 

The  House  of  Assembly  having  asked  the  opinion  of  Chief 
Justice  McKean  as  to  the  right  of  the  crown  to  grant  the  char 
ter  to  the  Penns :  he  gave  his  opinion  upon  the  question,  which 
was  afterwards  judicially  determined  in  the  case  of  Penn's  les 
see  vs.  Kline,  before  Justice  Washington  of  the  Supreme 
Court  of  the  United  States,  and  Richard  Peters,  District  Judge 
(^4  Dallas,  402)  .* 

1  Sanderson's  Lives. 

'Under  date  of  Oct.  1,  1777,  published  in  Pa.  Mag.,  ix.,  293. 

3  Sanderson's  Lives. 

'Life  ofJoteph  Reed,  William  B.  Reed,  1847,  ii.,  167. 


THOMAS  MoKEAN.  61 

In  the  Issues  of  the  Press  of  Pennsylvania,  by  Charles  R. 
Hildeburn,  1886,  there  is  noted  No.  3738,  the  following  work, 
"  Charge  of  Thomas  McKean,  Chief  Justice,  to  Grand  Jury  at 
Court  of  Oyer  and  Terminer  and  General  Gaol  Delivery  held 
at  York,"  1788. 

INCIDENTS  AND  ANECDOTES. 

It  is  related  of  Chief  Justice  McKean,  by  a  contemporary, 
that  "  the  Chief  Justice  when  on  the  bench  wore  an  immense 
cocked-hat,  and  was  dressed  in  a  scarlet  gown.  He  discharged 
the  office  of  chief  justice  for  twenty-two  years,  and  gave  strik 
ing  proofs  of  ability,  impartiality  and  courage."1 

Watson,  the  antiquarian,  in  his  chapter  on  wigs,  relates  that 
"  Judge  McKean  wore  one,  and  was  withal  so  partial  to  them 
that  he  intended  to  wear  one  of  the  bench  kind ;  he  engaged 
one  of  Kyd  for  one  hundred  dollars,  and  being  found  when  de 
livered,  so  strange  and  outre  he  refused  it,  and  was  sued  for 
the  value."2 

In  those  days  it  was  the  custom  of  the  Supreme  Court  to 
hold  sessions  in  the  various  counties.  When  at  Harrisburg — 
at  least  while  Congress  sat  at  York — (1777-8),  Chief  Justice 
McKean  lived  in  a  substantial  one-story  log  house,  a  short 
space  below  what  is  now  Locust  street.  He  wore  an  immense 
cocked- hat,  and  had  great  deference  shown  him  by  the  country 
people.  After  the  country  was  quieted,  when  he  and  other 
judges  of  the  Supreme  Court  came  to  Harrisburg  to  hold  court, 
numbers  of  the  citizens  of  the  place  would  go  out  on  horseback 
to  meet  them,  and  escort  them  to  town.  Sometimes  one  or 
two  hundred  people  would  attend  for  the  purpose.  The  sheriff 
with  his  rod  of  office,  and  other  public  officers  and  bar,  would 
attend  on  the  occasion  ;  and  each  morning,  while  the  Chief 
Justice  was  in  town  holding  court,  the  sheriff  and  constables  es 
corted  him  from  his  lodgings  to  the  court-room.  The  Chief 
Justice  on  the  bench  sat  with  his  hat  on,  and  was  dressed  in  a 
scarlet  gown.3 

Many  anecdotes  says  David  Paul  Brown,  remain  of  the  great 
jurist  both  as  Chief  Justice  and  Governor. 

One  day  when  a  mob  had  assembled  outside  of  the  Supreme 

lGraydoris  Memoirs  of  His  Own  Time,    1846.     See  also   Manasseh   Cutler's 
Journal,  1787;  Pa.  Mag.,  xi.,  108. 
2 Annals  of  Phil.,  1868,  i.,  197. 
3Day's  Histor.  Collections,  1843,  p.  286. 

5 


62  McKEAN   FAMILY. 

Court,  he  sent  for  the  sheriff  and  commanded  him  to  suppress 
the  riot. 

"I  cannot  do  it,"  replied  the  trembling  official. 

"Why  do  you  not  summon  your  posse  ?"  thundered  the 
scowling  Chief  Justice. 

"I  have  summoned  them,  hut  they  are  ineffectual." 

"  Then  sir,  why  do  you  not  summon  met" 

The  sheriff  stunned  for  a  moment,  gasped  out,  "  I  do  summon 
you,  sir." 

Whereupon  the  gigantic  Chief  Justice,  scarlet  gown,  cocked 
hat  and  all,  swooped  down  on  the  mob  like  an  eagle  on  a  flock 
of  sheep,  and  catching  two  of  the  ringleaders  by  the  throat, 
quelled  the  riot.1 

The  talented  but  unfortunate  Major  Andr£,  at  an  entertain 
ment  at  Mr.  Deane's  in  New  York,  read  a  characteristic  Dream; 
"  His  allusions,"  says  a  loyalist  commentator,  "to  Jackey  Jay, 
Paddy  McKean,  and  other  rebellious were  excellent." 

Andre  dreamed  he  was  in  a  spacious  apartment  in  which  the 
infernal  judges  were  dispensing  justice. 

"  As  dreams  are  of  an  unaccountable  nature  "  he  says,  "  it  will 
not  (I  presume,)  be  thought  strange  that  I  should  behold  upon 
this  occasion  the  shades  of  many  who  for  aught  I  know  may  be 
still  living.  .  .  .  The  first  person  called  upon  was  the  famous  Chief 
Justice  McKean,  who  I  found  had  been  animated  by  the  same 
spirit  which  formerly  possessed  the  memorable  Jeffreys.  I  could 
not  but  observe  a  flush  of  indignation  in  the  eyes  of  the  judges 
upon  the  approach  of  this  culprit.  His  more  than  savage  cruelty, 
his  horrid  disregard  to  the  many  oaths  of  allegiance  he  had 
taken,  and  the  vile  sacrifices  lie  had  made  of  justice,  to  the  in 
terests  of  rebellion,  were  openly  rehearsed.  Notwithstanding  his 
common  impudence,  for  once,  he  seemed  abashed,  and  did  not 
pretend  to  deny  the  charge.  He  was  condemned  to  assume  the 
shape  of  a  blood-hound,  and  the  souls  of  Roberts  and  Carlisle 
were  ordered  to  scourge  him  through  the  infernal  regions."  Next 
appeared  the  "polite  and  traveled  Mr.  Deane  :"  then  "the  cele 
brated  General  Lee;"  "the  black  soul  of  Livingston:"  "The 
President  of  Congress,  Mr.  Jay,"  and  finally  "  the  whole  con 
tinental  army,"  each  of  whom  was  "judged"  in  some  character 
istic  manner.2 

Another  loyalist,  now  unknown,  has  left  a  long  poem  from 
which  the  following  extracts  are  made: 

lThe  Forum,  as  quoted  by  Rebecca  Harding  Davis  in  Harper's  Mag.,  1876, 
lii.,  871. 

'Frank  Moore's  Diary  of  Am.  Rev.,  N.  Y.,  1860,  ii.,  120  et  seq. 


THOMAS   McKEAN.  63 

THE  AMERICAN  TIMES  ;  A  SATIRE,  BY  CAMILLO  QUERNO. 

Hear  thy  indictment,  Washington,  at  large; 
Attend  and  listen  to  the  solemn  charge: 

*  *  *          ***** 

Wilt  thou  pretend  that  Britain  is  in  fault? 

In  Reason's  court  a  falsehood  goes  for  nought. 

Will  it  avail,  with  subterfuge  ren'n'd 

To  say  such  deeds  are  foreign  to  thy  mind  ? 

Wilt  thou  assert  that,  generous  and  humane, 

Thy  nature  suffers  at  another's  pain? 

He  who  a  band  of  ruffians  keeps  to  kill, 

Is  he  not  guilty  of  the  blood  they  spill? 

Who  guards  McKean  and  Joseph  Reed  the  vile, 

Help'd  he  not  to  murder  Roberts  and  Carlisle? 

So,  who  protects  committees  in  the  chair, 

In  all  their  shocking  cruelties  must  share. 

******** 

Bring  up  your  wretched  solitary  pair, 
Mark'd  with  pride,  malice,  envy,  rage,  despair, 
Why  are  you  banish'd  from  your  comrades,  tell? 
Will  none  endure  your  company  in  hell? 
That  all  the  fiends  avoid  your  sight  is  plain, 
Infamous  Reed,  more  infamous  McKean. 
Is  this  the  order  of  your  rank  agreed  ; 
Or  is  it  base  McKean  and  baser  Reed  ? 
Go,  shunn'd  of  men,  disown'd  of  devils,  go, 
And  traverse  desolate  the  realms  of  woe.1 

PRESIDENT  OF  THE  STATE  OF  DELAWARE. 

In  September  1777,  Judge  McKean  became  the  executive 
of  the  state  of  Delaware.  It  is  stated  in  the  Life  of  G-eorge 
Read?  that  the  presidency  of  Delaware  was  offered  to  Mr.  Read 
who  declined  it,  and  Mr.  McKinly  was  appointed.  When 
the  latter  gentleman  was  captured  by  the  British,  Judge  Mc 
Kean  immediately  assumed  the  reins  of  government. 

Under  date  of  October  8,  1777,  Judge  McKean  writes  to 
General  Washington  from  Newark,  "By  the  captivity  of 
President  McKinly  of  the  Delaware  State,  on  the  12th  of  last 
month,  and  the  absence  of  the  Vice-President,  the  command  in 
chief  devolved  upon  me  as  Speaker  of  the  Assembly,  agreea 
bly  to  the  constitution.  I  had  some  time  before  accepted  the 
office  of  Chief  Justice  of  Pennsylvania,  and  at  the  time  this 

^Loyalist  Poetry  of  the  Rev.,  Winthrop  Sargent,  Phil.,  1857,  pp.  10,  11. 
2  By  his  grandson,  William  T.  Read,  1870. 


64  McKEAN  FAMILY. 

unfortunate  event  happened,  was  out  of  the  Delaware  State, 
but  thought  it  my  duty  to  my  country  to  repair  thither,  which 
I  did  on  the  20th  following."  On  his  arrival  in  the  state, 
Judge  McKean  found  that  all  the  papers,  public  records,  and 
money  had  been  captured.  He  immediately  called  out  the 
militia,  one-half  in  active  service,  and  the  remainder  to  hold 
themselves  in  readiness  for  instant  service.1 

When  this  high  position  devolved  upon  Judge  McKean,  while 
holding  other  high  offices  in  Pennsylvania,  he  became  thereby 
an  especial  object  of  British  persecution.  "  I  have  had,"  he 
says  in  a  letter  two  years  afterwards  to  Mr.  Adams,  dated 
November  8,  1779,  "  I  have  had  my  full  share  of  the  anxie 
ties,  care  and  troubles  of  the  present  war.  For  some  time  I 
was  obliged  to  act  as  President  of  the  Delaware  State,  and  as 
Chief  Justice  of  this:  general  Howe  had  just  landed  (August, 
1777)  at  the  head  of  Elk  River,  when  I  undertook  to  dis 
charge  these  two  important  trusts.  The  consequence  was,  to 
be  hunted  like  a  fox  by  the  enemy,  and  envied  by  those  who 
ought  to  have  been  my  friends.  1  was  compelled  to  remove 
my  family  five  times  in  a  few  months,  and  at  last  fixed  them  in 
a  little  log-house  on  the  banks  of  the  Susquehannah,  more  than 
a  hundred  miles  from  this  place  ;  but  safety  was  not  to  be 
found  there  ;  for  they  were  obliged  to  remove  again  on  account 
of  the  incursions  of  the  Indians."2 

Judge  McKean  held  this  office  but  a  short  time,  and  after 
making  provisions  for  the  defense  of  the  State,  addressed  a 
letter  to  George  Read,  the  Vice-President,  under  date  of  Sep 
tember  26,  1777,  informs  him  of  his  accession  to  the  office,  the 
reasons  for  it,  details  his  official  acts  and  resigns  the  position, 
concluding  his  letter  as  follows  :  "Wishing  you  all  manner  of 
success  in  saving  our  country  in  general,  and  the  Delaware 
State  in  particular,  I  am,"  etc.  Addressed,  "  To  George  Read, 
President  of  the  Delaware  State."8 

THE  ARTICLES  OF  CONFEDERATION. 

The  commmitee  appointed  in  Congress,  June  12,  1776,  pur 
suant  to  a  resolution  of  the  7th,  to  frame  the  Articles  of  Con 
federation,  consisted  of  thirteen  members,  one  for  each  State, 
as  follows :  Josiah  Bartlett,  Samuel  Adams,  Stephen  Hopkins, 


1  Spark's  Corresp.  of  Rev.,  Boston,  1853,  i.,  443. 

2  Sanderson. 

1 Life  and  Corresp.  of  Oeo.  Read. 


THOMAS   McKEAN.  65 

Roger  Sherman,  Robert  R.  Livingston,  John  Dickinson,  Thomas 
McKean,  Thomas  Stone,  Thomas  Nelson,  Jr.,  Joseph  Hewes, 
Edward  Rutledge  and  Button  Gwinnett;  on  the  28th  Francis 
Hopkinson  was  added,  completing  the  number.1 

The  Articles  were  under  consideration  for  several  months, 
and  debated  clause  by  clause.  On  a  vote  relating  to  taxation 
occurred  the  first  important  division  between  the  slave  hold 
ing  states  and  the  states  where  slavery  was  of  little  account.2 
The  articles  were  finally  agreed  to,  November  13,  1777,  and  a 
copy  being  made  out  the  same  was  agreed  to  on  the  15th. 
This  state  paper,  which  is  the  first  constitution  of  our  country, 
was  dated  and  signed  July  9,  1778,  by  the  delegates  of  nine 
states;  the  other  delegates  had  not  then  been  empowered  to 
sign  it.  Thomas  McKean  signed  subsequently  in  behalf  of 
Delaware,  pursuant  to  powers  vested  in  him  dated  February 
6,  1779,  and  laid  before  Congress  on  the  16th.3  The  last 
State  Maryland  signed  March  1,  1781.  This  important  docu 
ment  is  preserved  in  the  archives  of  the  Department  of  State. 
It  is  on  parchment  in  one  sheet,  a  roll  about  thirteen  feet  long. 

A  HISTORICAL  DISCREPANCY. 

As  the  other  four  states  ratified  the  Articles,  the  delegates 
added  the  date  of  signing.  And  here,  as  to  the  date  when 
Thomas  McKean  affixed  his  signature,  there  is  a  decided  dis 
crepancy  between  the  Journals  of  Congress  and  the  original 
Articles  of  Confederation,  which  seems  to  have  escaped  the 
notice  of  historians.  In  the  Journals  of  Congress,  (the  original 
rough  Journal  by  Charles  Thomson,  which  I  have  had  the 
privilege  of  examining,  page  265,)  is  the  entry,  February  22, 
1779.  "  In  pursuance  of  the  powers  in  him  vested,  Mr. 
McKean  a  delegate  of  the  state  of  Delaware,  signed  and 
ratified  the  articles  of  Confederation  in  behalf  of  that  state." 
(See  the  Printed  Journals,  Way  and  Gideon,  1823,  in.,  201.) 

In  the  original  Articles,  the  date  is  now  much  obliterated,  but 
is  apparently  "  Feb.  12,1779;"  the  word  U^e6."is  almost 
illegible,  the  first  figure  apparently  1  is  a  heavy  stroke  with  a 
dot  after  it,  the  lower  part  of  the  2  is  wholly  illegible  and 
also  has  a  dot  following  it.  There  is  no  trace  remaining,  even 

^Journals  of  Congress;  Adams'  Works,  ii.,  292;  Frothingham,  p.  569. 
The  following  authors  give  but  twelve  names  :  Hist.  Old  State  House.  Etting  ; 
Lossing's  Field  Book,  i860,  ii.,  653  ;  Scharf  and  Westcott,  Hist.  Phil.,  i.,  315. 

Bancroft's  U.S. 

s Journals  of  Congress,  Feb.  16-22,  1879. 


66  McKEAN  FAMILY. 

under  a  glass  to  show  that  the  first  figure  was  a  2  obliterated. 
Upon  the  articles  being  ratified  by  all  the  states,  they  are 
entered  upon  the  Journal  under  date  of  March  1,  1781,  where 
the  date  is  given  "  Feb.  12,  1779."  (1st  ed.,  Patterson,  vii. 
48,  and  Way  and  Gideon  1823,  iii.,  591).  In  the  Secret 
Journal,  however,  (Thomas  B.  Wait,  1821,  i.  448-64,)  a  por 
tion  of  the  volume  is  devoted  to  debates  on  the  Articles.  They 
are  entered  at  length,  upon  the  Journal  and  the  date  given  in 
full  "February  22,  1779,"  agreeing  with  the  first  date  in  the 
rough  Journal.  But  there  is  also  a  discrepancy  between  the 
Rough  and  Secret  Journal,  under  date  of  March  1,  1781. 

Hoping  to  clear  up  the  discrepancy  by  an  examination  of 
early  published  copies,  I  found  to  my  surprise,  that  in  older 
publications  the  date  is  usually  given  neither  12th  nor  22d, 
but  "  Feb.  13,  1779,"  and  so  given  in  the  Laws  of  the  U.  S., 
[John  B.  Calvin,]  1815;  The  Federalist,  New  ed.  1837,  p. 
480  ;  and  Elliot's  Debates,  1854,  i.  85. 

In  other  publications  and  later  works  the  date  is  given  Feb 
ruary  12,  1779,  viz.:  U.  S.  Statutes  at  Large,  Richard 
Peters,  1845;  Hickey's  Constitution,  1855,  p.  490;  Fed. 
and  State  Const.,  B.  P.  Poore,  1877 ;  Documents  Illust. 
Amer.  Hist.,  Preston,  1886. 

Other  works  too  numerous  to  mention,  some  of  them  pub 
lished  during  the  last  century,  give  the  Articles  and  names, 
but  omit  the  dates.  Others  omit  the  names  also.  McKecni's 
Laws,  1782,  and  Dallas'  Laws  of  Pennsylvania,  1797,  might 
have  settled  the  discrepancy,  especially  the  former  work,  but 
they  give  the  names  without  dates. 

It  is  doubtful  if  the  discrepancy  can  ever  be  cleared  up  ; 
February  22,  1779,  seems,  however,  to  be  the  most  reliable 
date,  for  that  entry  in  the  journal  was  undoubtedly  made  on 
that  date ;  and  as  Mr.  McKean's  authority  to  sign  was  laid  be 
fore  Congress  on  the  16th,  and  entered  in  the  journal  on  that 
day,  it  does  not  seem  likely  that  he  would  sign  before  the  lat 
ter  date.  Lossing,  in  his  "Lives  of  the  Signers,"  appends  an 
account  of  the  Articles  of  Confederation,  and  states  that  Dela 
ware  ratified  "on  the  twenty-second  of  Februarv  and  5th  of 
May,  1779."1 

About  this  time,  Thomas  McKean  took  the  oath  of  allegiance 
before  his  relative  and  former  preceptor,  David  Finney,  dated 
January  25,  1779,  that  he  does  not  hold  himself  bound  to  yield 
any  allegiance  to  the  king  of  Great  Britain,  but  will  be  true 

1EA.  I860,  p.  327. 


THOMAS   McKEAN.  67 

and  faithful  to  the  Delaware  State.1  Various  judges,  public  of 
ficers,  members  of  Congress  and  others  took  the  oath  about  this 
same  time. 

DIFFICULTY  WITH  GENERAL  THOMPSON. 

This  officer  had  been  a  prisoner  of  war,  and  when  released 
on  parole  became  angry  because  he  had  not  been  exchanged  ; 
and  said  that  Congress  had  treated  him  in  a  "  rascally  manner." 
He  was  particularly  bitter  against  Judge  McKean,  whom  he 
accused  of  having  hindered  his  exchange  ;  and  denounced  him 
for  having  acted  "  like  a  liar,  a  rascal,  and  a  coward."  Judge 
McKean  laid  the  matter  before  Congress,  November  19,  1778, 
in  an  information  of  personal  abuse ;  whereupon  General 
Thompson  was  called  before  the  bar  of  the  house,  and  apologized.2 

The  Supreme  Executive  Council,  December  31,  1778,  also 
took  notice  of  the  '*  acrimonious  remarks  by  Brigadier  General 
William  Thompson."3  Judge  McKean  moreover  sued  Thompson, 
and  got  judgment  for  the  large  sum  of  .£5,700  against  him 
and  the  publishers  of  the  Packet.  McKean,  however,  re 
leased  the  damages  in  both  cases,  as  he  only  wanted  to  see  the 
law  and  the  facts  settled.  Thompson  then  tried  to  provoke  a 
duel  with  McKean ;  but  McKean  would  not  set  the  precedent 
of  allowing  a  member  of  Congress  or  a  magistrate  to  subject 
himself  to  a  duel  with  every  person  against  whom  he  gave 
judgment.4 

MEETING  OF  MAY  24-25,  1779. 

This  public  meeting  was  called  to  counteract  the  effect  of 
monopolizers,  and  to  devise  means  to  reduce  prices.  General 
Daniel  Roberdeau,  recently  a  delegate  in  Congress,  and  a 
signer  of  the  Articles  of  Confederation,  was  called  to  the  chair ; 
Timothy  Matlack,  David  Rittenhouse,  Thomas  Paine,  Charles 
W.  Pcale,  Thomas  McKean,  and  others,  were  present.  A 
committee,  appointed  to  carry  out  the  purposes  of  the  meeting, 
was  made  permanent.  "  The  institution  of  this  committee," 
it  is  remarked  in  the  Life  of  Joseph  Reed,  "  is  a  leading  in 
cident  in  the  local  history  of  these  times."  The  meeting  also 
resolved  that  "  those  inimical  to  independence  should  not  be 

1  Original  in  possession  of  J.  Henry  Rogers,  Esq. 

^Journals  of  Cong.,  Nov.  19-23,  1778. 

8  Hazard's  Colonial  Records,  xi.,  653. 

4  Scharf  and  Westcott,  Hist.  Phil.,  i.,  393. 


68  MoKEAN   FAMILY. 

suffered  to  remain  among  us."  An  account  of  the  meeting  is 
given  in  full  in  the  Genealogy  of  the  Roberdeau  Family.1 

A  pamphlet  in  regard  to  this  meeting,  entitled  "  Meeting 
of  May  25,  1779,"  was  published  by  Danfel  lioberdeau,  the 
chairman.2 

The  tories,  who  let  no  opportunity  pass  for  ridiculing  the 
public  characters  of  the  day,  published  a  poem,  of  which  the 
following  is  a  portion  : 

AN  HISTORICAL  BALLAD  OF  THE  PROCEEDINGS  OF  A  TOWN 

MEETING  AT  PHILADELPHIA,  MAY  24-5,  1779.—  BY 

STANSBERRY. 

'Twas  on  the  twenty  -fourth  of  May, 
A  pleasant,  warm,  sunshiny  day, 

Militia  folks  paraded, 
With  colors  spread,  and  cannon  too, 
Such  loud  huzzas,  and  martial  view, 

I  thought  the  town  invaded. 

And  now  the  State-House  yard  was  full, 
And  orators,  so  grave  and,  dull, 

Appear'd  upon  the  stage, 
But  all  was  riot,  noise,  disgrace, 
And  freedom's  sons,  o'er  all  the  place, 

In  bloody  frays  engage. 

Each  vagrant  from  the  whipping-  post, 
Or  stranger  stranded  on  the  coast, 

May  here  reform  the  State, 
And  Peter,  Mick,  and  Shad-row  Jack, 
And  Pompey-like  McKean  in  black, 

Decide  a  people's  fate. 

****** 

With  solemn  phiz  and  action  slow, 
Arose  the  chairman  Roberdeau, 

And  made  the  humane  motion, 
That  tories,  with  their  brats  and  wives, 
Should  flee  to  save  their  wretched  lives, 

From  Sodom  to  Goshen.8 

HIGH  COURT  OF  ERRORS  AND  APPEALS. 

To  this  court,  which  was  established  by  the  Act  of  February 
28,  1780,  Judge  McKean  was  commissioned  with  seven  others, 


also  Penn.  Packet,  May  27,  17*79  ;  Life  of  Joseph  Heed,  W,  B.  Reed. 
2  Catalogued  in  Hildeburn's  Issues  of  Press  of  Penn.,  1886,  No.  3951. 
•Watson's  Annals  of  Phil. 


THOMAS  McKEAN.  69 

November  20,  1780.  The  court  was  reorganized  under  the 
Act  of  April  13,  1791,  and  he  was  recommissioned  with  nine 
others,  April  13,  179  L.  The  court  was  abolished  by  Act  of 
February  24,  1806.  Judge  McKean  retained  his  seat  as  Chief 
Justice  during  this  time.1 

During  this  year,  1780,  there  was  an  urgent  need  of  funds, 
and  a  few  patriotic  gentlemen  subscribed  $260,000  ;  the  Bank 
of  Pennsylvania  was  then  organized  for  the  purpose  of  supply 
ing  the  army  with  provisions  ;  for  this  purpose  Judge  McKean 
subscribed  <£2000.2 

On  the  25th  of  December  of  this  same  year  Judge  McKean, 
in  a  letter  to  the  legislature  of  Delaware,  resigned  his  seat  in 
Congress.  "  I  find,"  said  he,  "  that  my  health  and  fortune 
are  impaired  by  my  unremitted  attention  to  public  affairs; 
what  I  undertake  to  perform,  I  do  with  all  my  might  ;  and 
having  very  little  relief  in  attending  Congress,  I  find  that  this, 
the  discharging  the  duties  of  Chief  Justice,  etc.,  etc.,  are  more 
than  I  can  perform  to  my  own  satisfaction.  Besides,  the  rank 
I  am  obliged  to  maintain  is  greater  than  comports  with  my 
finances."  ...  It  is  a  proof  of  the  disinterested  principles  by 
which  the  public  men  of  that  period  were  guided,  that  Mr. 
McKean  had  never  received,  in  any  year,  as  much  emolument, 
as  a  delegate,  as  would  defray  his  personal  expenses  while 
engaged  in  the  service  ;  and  that  during  the  last  two  years, 
(1779  and  1780,)  he  had  not  been  offered  or  received  a 
farthing.  His  resignation,  however,  was  not  accepted,  and  he 
continued  his  duties  as  a  delegate  from  Delaware.3 

HIS  RESIDENCE. 

Chief  Justice  McKean'  s  residence  being  mentioned  by  var 
ious  writers,  a  description  should  not  be  omitted  here.  For 
some  years,  according  to  Lossing,  he  resided  in  High  street,  now 
known  as  Market  street,  near  Second.  But  in  1780,  December 
20th,  the  Supreme  Executive  Council  directed  that  the  honor 
able  Chief  Justice  McKean  be  allowed  to  occupy  Mr.  Duche's 
house  until  July  1st  next.  In  explanation  of  this,  it  may  be 
stated  that  the  Rev.  Mr.  Duche  had  been  chaplain  to  the  first 
continental  Congress;  but  being  of  a  vacillating  character, 
after  siding  with  the  colonists,  joined  the  British  and  went  to 


Westcott,  ii.,  1568  ;  Bench  and  Bar  of  Phil.,  John  Hill  Mar 
tin. 

aScharf  and  Westcott,  i.,'409  ;  Niles'  Principles  and  Acts  of  the  Rev. 
*  Sanderson. 


70  McKEAN  FAMILY. 

England.1  He  was  attainted  for  high  treason,  and  his  prop 
erty  confiscated.  This  property  consisting  of  the  mansion, 
coach  house,  stables  and  four  lots,  was  sold  August  10,  1781, 
to  Thomas  McKean  for  .£7750,  Pennsylvania  currency,  subject 
to  a  ground  rent  of  232J  bushels  of  wheat.  A  deed  for  the 
property  bearing  the  above  date  was  executed  by  the  Supreme 
Executive  Council,  in  which  the  property  is  described  as  being 
on  the  east  side  of  Third  street,  occupying  the  whole  side 
of  the  square  from  Pine  street  on  the  south  to  Union  street 
on  the  north,  and  thirty  feet  in  depth.2  This  building  is  de 
scribed  in  the  Historic  Mansions  and  Buildings  of  Phila 
delphia  3  as  "  a  large  and  splendid  mansion  in  the  Elizabethan 
style  at  the  northeast  corner  of  Third  and  Pine  streets."  An 
engraving  of  the  house  is  given  in  various  works ; — in  the  Book 
of  the  Signers,  by  William  Brotherhead,  1861,  folio ;  in 
Sanderson's  Biography  of  the  Signers,  revised  by  R.  T. 
Conrad,  4°;  in  Watson's  Annals  of  Philadelphia,  (3  vols. 
revised  by  Willis  P.  Hazard,  1884,  i.,  413  ;)  and  in  Scharf  and 
Westcott's  History  of  Philadelphia,  i.,  292.  There  was  a 
large  hall  in  this  house,  at  the  ends  of  which  hung  the  two 
portraits  by  Peale,  of  Chief  Justice  McKean  with  his  son 
standing  by  his  side,  and  of  his  wife  Sarah  Armitage  with  a 
child  on  her  lap.  The  mansion  passed  by  will  to  the  eldest 
son,  Judge  Joseph  B.  McKean. 

PRESIDENT  OF  CONGRESS. 

To  this  exalted  position,  the  highest  in  the  gift  of  the  people 
or  of  Congress,  Judge  McKean  was  elected  on  the  resignation 
of  Samuel  Huntington,  on  the  10th  of  July,  1781.  General 
Washington  sent  his  congratulations  to  him  under  date  of  July 
21.*  Being  also  Chief  Justice  of  Pennsylvania,  his  holding 
two  such  high  positions  at  one  time  raised  a  clamor  of  opposi 
tion  to  him.  The  press  teemed  with  essays  upon  the  subject, 
maintaining  both  sides  of  the  question ;  in  which  the  advocates 
of  Mr.  McKean  enjoyed  a  manifest  advantage.  The  chief 
point  alleged  was,  that  it  was  illegal  to  hold  the  office  of  Chief 
Justice  while  sitting  in  Congress ;  but  it  is  evident  that  the 
authors  of  the  outcry  were  incited  either  by  envy  or  ambition, 
and  not  by  virtue  or  love  of  country,  because  if  his  seat  was 

1See  his  life  in  Keith's  Provinc.  Councillors,  p.  276. 

*Penn.  Colo.  Records,  xii.,  578,  xiii.,  25  ;  Scharf  and  Westcott,  i.  420. 

•Thompson  Westcott,  1877,  p.  90. 

'Writings  of  Washington,  Jared  Sparks,  12  vols.,  Boston,  1837,  viii.,  112. 


THOMAS   McKEAN.  71 

illegal  at  all,  it  was  as  much  so  before  he  was  made  president 
as  afterwards.  The  Constitution  of  Pennsylvania,  indeed,  for 
bade  the  holding  of  two  offices ;  but  it  was  contended  that  this 
did  not  apply  to  holding  other  offices  outside  of  the  State ;  so 
that  his  being  a  member  of  Congress  from  Delaware  would  not 
conflict  with  the  Constitution  of  Pennsylvania  when  he  became 
Chief  Justice.  The  outcry  came  chiefly  from  Pennsylvania, 
which  was  unreasonable  considering  that  Pennsylvania  had 
appointed  the  Delaware  member  of  Congress  as  Chief  Justice. 
It  was  moreover  shown  that  several  others  were  then  holding 
these  two  offices  in  various  States.  It  was  decided  that  he 
could  hold  both  offices ;  the  foundation  of  the  decision  was, 
that  one  State  could  not  interfere  with  another  in  its  internal 
administration,  which  included  the  selection  of  its  officers. 
Delaware  could  not  interfere  with  the  selection  of  the  Penn 
sylvania  Chief  Justice,  nor  could  Pennsylvania  restrain  Dela 
ware  in  her  selection  of  members  of  Congress ;  and  Judge 
McKean's  seat  was  properly  held  and  his  election  as  President 
was  valid.1 

On  Sunday,  September  2d  of  this  year,  the  American  army 
passed  through  to  Philadelphia  going  south ;  followed  on  the 
3d  and  4th  by  the  French  troops.  As  the  latter  passed 
through,  they  were  reviewed  by  Thomas  McKean,  President 
of  Congress,  who  on  this  occasion,  appeared  in  black  velvet 
with  a  sword  at  his  side,  and  his  head  covered.  On  his  left 
were  Washington  and  Rochambeau  uncovered;  and  on  his 
right  M.  de  Luzerne,  the  French  minister.  As  the  officers 
saluted  in  passing,  McKean  responded  by  removing  his  hat ; 
and  afterwards  complimented  the  appearance  of  the  various 
corps.2 

These  were  the  troops  marching  to  victory  at  Yorktown,  and 
not  many  weeks  afterwards,  Colonel  Tilghman,  one  of  Wash 
ington's  aides-de-camp  rode  express  to  Philadelphia,  to  carry 
the  dispatches  of  his  chief,  announcing  to  Congress  the  joyful 
tidings  of  the  surrender  of  Cornwallis.  "  It  was  midnight 
when  he  entered  the  city,  October  23,  1781.  Thomas 
McKean  the  President  of  Congress  resided  in  High  street,3 
near  Second.  Tilghman  knocked  at  the  door  so  vehemently 
that  a  watchman  was  disposed  to  arrest  him  for  disturbing  the 

1  Sanderson's  Lives. 

2Scharf  and  Westcott,  i.,  415.     Also  Thacher's  Military  Journal,  Boston, 
1827. 
3  Probably  a  mistake,  as  he  had  recently  removed  to  Third  stree 


72  McKEAN   FAMILY. 

peace.  McKean  arose,  and  presently  the  glad  tidings  were 
made  known."1  And  as  the  watchman — an  old  German 
named  Hurry — called  the  hour  he  proclaimed  in  a  loud  sonor 
ous  voice,  "  Basht  dree  o'clock  and  Grormvallis  isht  daken* 
The  dispatches  were  read  to  Congress  at  an  early  hour  the 
next  morning ;  and  Congress,  the  same  day  went  in  procession 
to  the  Dutch  Lutheran  Church,  to  return  thanks  to  Almighty 
God  for  the  successes  of  the  allied  armies  of  the  United  States 
and  France.  Handbills  were  printed,  dated  October  24, 1781, 
announcing  in  large  letters :  ILLUMINATION, — that  Colonel 
Tilghman  having  brought  news  of  the  surrender,  citizens  will 
illuminate  this  evening  from  6  to  9  oclock.3 

As  the  time  approached  for  the  Supreme  Court  to  meet, 
Mr.  McKean,  on  the  23d  of  October,  1781,  addressed  a  letter 
to  Congress  resigning  the  presidency.  Congress  accepted  the 
resignation  on  that  day  ;  but  postponed  the  election  ot  a  presi 
dent  until  the  next  day,  when  on  motion  of  Mr.  Witherspoon, 
it  was  unanimously  resolved  that  Mr.  McKean  be  requested  to 
resume  the  chair,  and  act  as  president,  until  the  1st  Monday  in 
November.  To  this  he  acceded ;  and  on  the  5th,  John 
Hanson  was  elected  president.  On  the  7th  a  vote  of  thanks 
was  given  to  Mr.  McKean  for  his  services  as  president. 

THREE  REMARKABLE  INCIDENTS. 

Three  remarkable  incidents  in  the  life  of  Thomas  McKean 
deserve  especial  mention.  The  first  is,  that  he  is  the  only 
member  of  the  continental  congress  who  retained  his  seat 
successively,  with  the  exception  of  one  year,  from  the  Stamp 
Act  Congress  in  1765,  and  the  first  continental  congress  in 
1774,  to  the  peace  in  1783.  Pennsylvania  members  were 
limited  by  her  constitution  to  a  term  of  two  years ;  but  Dela 
ware  did  not  so  limit  her  delegates. 

The  second  incident  is,  that  while  sitting  in  congress  as  a 
delegate  from  Delaware,  he  was  appointed  Chief  Justice  of 
Pennsylvania ; — both  states  claiming  him,  and  holding  high 
offices  in  each. 

^ossing's  Field  Book  of  Rev.,  1852,  ii.,  527. 

2Scharf  and  Westcott,  i.,  415-16.  This  work  states  that  the  first  news 
was  received  by  a  messenger  at  3  a.  m.,  October  22,  and  that  Col.  Tilghman 
arrived  on  the  24th,  confirming  the  news;  whereupon  the  event  was  cele 
brated. 

8  Original  in  possession  of  Henry  Pettit,  Esq.  Afac-simile  is  given  in  J.  J. 
Smith's  Amer.  Hist,  and  Lit.  Curiosities,  N.  Y.,  1860,  pi.  Ix. 


THOMAS  McKEAX.  73 

The  third  is  the  number  of  high  offices  he  held  at  one 
and  the  same  time.  While  sitting  as  a  delegate  from  Dela 
ware  in  Congress,  and  the  chief  justice  of  Pennsylvania,  he 
was  a  member  of  the  Delaware  Assembly  and  also  Speaker, 
and  for  a  while  became  ex  officio  President  of  the  State  of 
Delaware  and  commander  in  chief.  The  year  before  this,  he 
was  a  colonel  of  the  Pennsylvania  Associators,  and  Chairman 
of  the  Committee  of  Inspection  and  Observation.  Subse 
quently  he  held  at  the  same  time,  the  three  offices  of  delegate 
from  Delaware,  Chief  Justice  of  Pennsylvania,  and  President 
of  Congress.  In  later  years  he  was  Governor  of  Pennsylva 
nia  as  will  be  seen  further  on. 

When  we  reflect  upon  the  number  of  offices  he  held,  we  can 
form  an  estimate  of  the  vast  labor  he  performed,  and  the  un 
wearied  application  requisite  to  master  the  complicated  details 
of  litigated  cases,  essential  to  the  faithful  performance  of  his 
judicial  duties.  Yet  amidst  the  violence  of  party  animosity, 
in  which  he  was  extensively  involved,  although  his  holding  so 
many  offices  became  the  grounds  of  complaint,  yet  his  enemies 
do  not  seem  to  have  charged  him  with  any  neglect  of  his  duties.1 


PUBLISHES  THE  LAWS  OF  PENNSYLVANIA. 

As  already  noted  in  a  quotation  from  a  letter  of  Judge 
McKean,  he  was  appointed  by  the  Legislature  in  1781  to 
compile  the  laws  of  Pennsylvania;  which  were  published  the 
next  year  with  the  following  title  : 

"  The  Acts  of  the  General  Assembly  of  the  Commonwealth  of 
Pennsylvania,  carefully  compared  with  the  originals ;  and  an 
Appendix  containing  the  laws  now  in  force,  passed  between  the 
30th  day  of  September  1775  and  the  Revolution ;  together  with 
the  Declaration  of  Independence,  the  Constitution  of  the  State  of 
Pennsylvania,  and  the  Articles  of  Confederation  of  the  United 
States  of  America.  Published  by  order  of  the  General  Assembly, 
[Arms  of  the  State]  Philadelphia,  Printed  and  sold  by  Francis 
Bailey  in  Market  street,  MDCCLXXXII." 

On  the  next  page  is  given  the  resolution  of  the  Assembly 
April  2,  1781,  that  Thomas  McKean  should  publish  the  laws  ; 
And  below  this  is  his  certificate  that  he  has  caused  this  volume 
to  be  published.  The  work  is  briefly  known  as  McKearfs  Laws.2 

^-National  Portraits,  J.  B.  Longacre  and  James  Herring,  vol.  for  1839. 
2  See  John  Hill  Martin's  Bench  and  Bar  of  Phil.,  1883,  pp.  185-8;  and 
Hildeburn's  Issues  of  the  Press  of  Pa.,  1886,  ii.,  382,  No.  4179. 


74  McKEAN  FAMILY. 


CONVENTION   TO   RATIFY   THE   CONSTITUTION   OF  THE    UNITED 

STATES. 

About  three  years  after  the  treaty  of  peace  was  signed,  a 
convention  was  called  to  meet  in  Philadelphia,  May  14,  1787, 
to  frame  a  constitution  for  the  United  States.  General  Wash 
ington  l  presided,  and  after  a  session  of  four  months  the  con 
vention  adjourned  September  17th,  having  agreed  to  the  Con 
stitution. 

Judge  McKean  was  not  a  member  of  this  convention,  yet  he 
was  neither  inattentive,  nor  inactive  with  regard  to  its  proceed 
ings.  He  had  always  been  an  advocate  of  the  just  rights  of  the 
smaller,  against  the  overbearing  influence  and  power  of  the 
larger  states.2  A  vote  by  states  was  insisted  upon  by  him,  in 
the  first  congress  of  1765,  and  in  that  held  in  Philadelphia  in 
1774,  and  the  concession  was  made  by  the  other  states.  At 
the  meeting  of  the  federal  convention,  he  delivered  to  the  dele 
gates  from  Delaware,  notes  of  the  arguments  used  on  those  oc 
casions,  and  at  the  same  time  offered,  in  private,  his  reasons  in 
support  of  the  security  of  the  smaller  states,  to  members  who 
represented  the  larger.  His  influence  prevailed;  and  the 
result  was  the  compromise  which  pervades  the  present  system.3 

The  constitution  having  been  presented  to  congress  by  the 
convention,  was  referred  to  the  several  states  for  ratification. 
Pennsylvania  after  a  hotly  contested  election  chose  delegates 
for  that  purpose  who  met  in  Philadelphia,  November  20th, 
1787.*  Judge  McKean  was  a  member  from  Philadelphia. 
No  business  was  transacted  on  the  first  day.  On  the  21st  the 
names  were  read  and  a  ballot  taken  for  president,  which  re 
sulted:  Muhlenberg  30,  McKean  29,  Gerry  1.  It  being 
questioned  whether  any  one  had  a  majority,  the  convention 
decided  that  Mr.  Muhlenberg  should  take  the  chair. 

The  history  of  this  convention  forms  the  subject  of  a  recent 
work:  Pennsylvania  and  the  Federal  Constitution  by  John 
Bach  McMaster,  and  Frederick  D.  Stone,  published  by  the 
Pennsylvania  Historical  Society  1888  ;  in  which  the  proceed- 

*He  kept  a  journal  of  his  social  movements,  which  has  been  published  in 
the  Penn.  Mag.,  xi.,  296 ;  and  the  Philadelphia  Times,  July  31,  1887,  etc.,  in 
which  be  records  among  other  things  :  "Aug.  18.  Dined  at  Chief  Justice 
McKean's,  and  spent  the  evening  at  home." 

2  See  Papers  of  James  Madison,  Henry  D.  Gilpin,  1841,  ii.,  751-2. 

8  Sanderson's  Lives.  (In  the  Senate  each  State  has  an  equal  vote,  and  in 
the  House  a  vote  according  to  population.) 

4Scharf  and  Westcott's  Phila.,  i.,  426,  which  gives  the  date  wrongly  21st. 


THOMAS  McKEAN.  75 

ings  are  detailed  at  length,  and  the  exciting  contests  between 
the  two  parties  narrated.  A  likeness  of  Thomas  McKean  is 
also  given,  with  a  sketch  of  his  life. 

The  Federalists  chose  for  their  leaders  Wilson  and  McKean, 
who  took  the  management  of  the  proceedings.  After  certain 
motions  relating  to  the  organization  and  meetings  of  the  con 
vention,  Judge  McKean  on  the  28d,  moved  that  the  constitution 
be  read,  which  was  done.  On  Saturday  the  2ith  he  moved 
that  it  be  read  a  second  time  ;  and  in  a  short  speech  said  that 
they  were  situated  in  a  new  position,  with  no  rules  or  pre 
cedents  to  guide  them,  and  in  order  to  bring  the  matter  before 
them,  he  would  offer  a  resolution  ;  not  that  he  expected  it 
would  be  decided  to-day,  or  in  a  week;  and  that  all  those 
should  be  heard  who  were  opposed  to  the  constitution.  He 
therefore  moved:1 

"That  this  Convention  do  assent  to,  and  ratify,  the  Constitution 
agreed  to  on  the  seventeenth  of  September  last,  by  the  Conven 
tion  of  the  United  States  of  America,  held  at  Philadelphia." 

This  motion  was  seconded  by  Mr.  John  Allison.  The 
business  was  now  before  the  convention  ;  Mr.  Wilson  rose  and 
spoke  in  favor  of  the  motion,  in  a  speech  lasting  several  days. 
The  principal  speeches  are  given  in  Elliot's  Debates  on  the 
Federal  Constitution,  four  vols.,  Authorized  by  Congress, 
1836  ;  but  unfortunately  all  of  them  are  not  reported.  The 
opposition  was  assailed  by  legal  arguments,  by  sarcasm,  and 
by  ridicule.  Judge  McKean  said  in  the  course  of  his  remarks, 
that  the  apprehensions  of  the  opposition  respecting  the  new 
constitution  amounted  to  this,  that  if  the  sky  falls  we  shall 
catch  larks;  if  the  rivers  run  dry,  we  shall  catch  eels; 
and  he  compared  their  arguments  to  a  sound,  but  then  it  was 
a  mere  sound,  like  the  working  of  small  beer? 

On  the  10th,  Judge  McKean  announced  that  on  the  12th  he 
would  press  for  a  vote.  The  debates  were  closed  by  a  long  and 
eloquent  speech  by  Judge  McKean  on  the  llth,  embracing  a 
clear  and  comprehensive  view  of  the  whole  subject.  He  un 
folded,  in  a  masterly  manner,  the  principles  of  free  government ; 
demonstrated  the  superior  advantages  of  the  federal  constitu 
tion  ;  and  satisfactorily  answered  every  objection  which  had  been 
suggested.  Arranging  these  objections  under  ten  heads,  he 

1Not  on  Monday,  26th,  as  given  in  Elliott's  Debates.  This  error  is  pointed 
out  by  Bancroft,  United  States,  1885,  vi.,  384  ;  and  Hist.  Formation  Const.  U. 
S.,  1885,  p.  384. 

*Penna.  and  the  Fed.  Const.,  365. 


76  McKEAN  FAMILY. 

considered  them  singly,  and  delivered  his  refutation  of  them 
in  a  lucid  and  forcible  manner.  He  concluded  this  powerful 
argument  in  these  words  : 

"  The  objections  to  this  constitution  having  been  answered,  and 
all  done  away,  it  remains  pure  and  unhurt  ;  and  this  alone  as  a 
forcible  argument  of  its  goodness.  *  *  *  The  law,  sir,  has 
been  my  study  from  my  infancy,  and  my  only  profession.  I  have 
gone  through  the  circle  of  offices,  in  the  legislative,  executive  and 
judicial  departments  of  government ;  and  from  all  my  study,  ob 
servation  and  experience,  I  must  declare  that  from  a  full  exami 
nation  and  due  consideration  of  this  system,  it  appears  to  me  the 
best  the  world  has  yet  seen."1 

The  convention  was  criticised  by  outsiders  in  the  public  press, 
and  Judge  McKean  did  not  fail  to  receive  his  share  of  criticism 
and  abuse  from  the  opposition.  In  more  than  one  part  of  the 
State  the  excitement  developed  into  a  riot.  In  Carlisle,  in  par 
ticular,  two  figures  labeled  Thomas  McKean  Chief  Justice, 
and  James  Wilson  the  Caledonian,  were  burned  by  the  mob.2 

Nevertheless  a  majority  of  the  people  approved  the  consti 
tution  ;  and  the  next  year  a  majority  of  States  having  ratified 
it  by  the  close  of  June,  a  procession  to  celebrate  the  event  was 
arranged  in  Philadelphia  for  July  4,  1788.  A  description  of 
this  celebration  from  the  pen  of  Francis  Hopkinson,  chairman 
of  the  committee  of  arrangements,  has  been  preserved  and  re 
cently  published. 

The  First  City  Troop  headed  the  escort :  Independence  was 
represented  by  Colonel  John  Nixon,  who  had  read  the  Decla 
ration  twelve  years  before  at  the  State  House ;  The  French 
Alliance,  by  Thomas  Fitzsimmons  ;  The  New  ^ra,  by  Rich 
ard  Bache  ;  The  Convention  of  /States,  by  the  Hon.  Peter 
Muhlenberg  on  horseback ;  THE  CONSTITUTION,  the  Hon. 
Chief  Justice  McKean,  the  Hon.  Judge  Atlee,  and  the  Hon. 
Judge  Rush,  in  their  robes  of  office,  seated  in  a  lofty  ornamen 
tal  car  in  the  form  of  an  eagle,  drawn  by  six  white  horses. 
The  Chief  Justice  supported  a  tall  staff,  on  the  top  of  which  was 
the  cap  of  liberty  ;  under  the  cap  the  NEW  CONSTITUTION, 
framed  and  ornamented,  and  immediately  under  the  constitu 
tion  the  words  THE  PEOPLE  in  large  gold  letters  affixed  to  the 
staff.  Next  came  ten  gentlemen  of  social  distinction,  repre 
senting  the  ten  States  which  had  ratified  the  constitution ;  The 

Sanderson's  Lives,  and  Elliot's  Debates,  1888,  ii.,  542. 
*  Independent  Gazetteer,  Jan.  9,    1788,  as  quoted  in  Penn.  and  Fed.  Const. 
p.  488 ;  see  also  McMaster's  Hist.  People  of  U.  S.,  i.,  475. 


THOMAS  McKEAN.  77 

Foreign  Consuls  ;  The  Hon.  Francis  Hopkinson,  representing 
the  Admiralty  ;  The  Society  of  the  Cincinnati ;  various  other 
societies,  professions  and  trades  brought  up  the  rear.1 

THE  CASE  OF  OSWALD,  AND  IMPEACHMENT  PROCEEDINGS. 

This  case  came  before  the  Supreme  Court  in  the  July  term. 
1788. 2  Eleazer  Oswald,  editor  of  the  Independent  Gazetteer, 
was  defendant  in  a  suit  then  pending,  and  published  an  article 
against  Andrew  Brown.  Brown  demanded  the  name  of  the 
author,  which  Oswald  declined  to  give  ;  he  then  brought  suit, 
whereupon  Oswald  on  the  10th  of  July  published  another  piece 
over  his  own  signature,  which  was  the  ground  of  the  case  com 
ing  before  the  Supreme  Court.  Chief  Justice  McKean  consid 
ered  that  the  publication  would  inflame  the  public,  and  preju 
dice  those  who  may  be  summoned  as  jurors.  He  then  asked 
Oswald  certain  interrogatories,  which  Oswald  refused  to  an 
swer.  Oswald  was  then,  by  the  unanimous  opinion  of  the 
judges,  held  in  contempt,  and  sentenced  to  a  fine  of  <£10,  and 
to  be  imprisoned  u  for  the  space  of  one  month,  that  is  from  the 
15th  day  of  July  to  the  15th  day  of  August."  The  sentence 
was,  however,  entered  on  the  record,  "  for  the  space  of  one 
month,"  omitting  the  explanatory  words  following.  At  the 
expiration  of  the  legal  month  (twenty-eight  days),  Mr.  Oswald 
demanded  his  discharge,  but  this,  the  sheriff',  who  had  heard  the 
sentence  pronounced,  refused  to  grant  until  he  had  consulted 
the  Chief  Justice.  Judge  McKean,  remembering  the  meaning 
and  words  of  the  court,  told  the  officer  that  he  was  bound  to 
detain  his  prisoner  until  the  morning  of  the  15th  ;  but  having 
shortly  afterwards  examined  the  record,  he  wrote  to  the  sheriff 
that  agreeably  to  the  record  there,  Mr.  Oswald  was  entitled  to 
his  discharge. 

On  the  5th  of  September  1788,  Mr.  Oswald  presented  a 
memorial  to  the  General  Assembly,  in  which  he  stated  the 
proceedings  against  him,  and  complained  of  the  decision  of  the 
court ;  and  the  direction  of  the  Chief  Justice  to  the  sheriff,  by 
which  he  alleged  his  confinement  had  been  illegally  protracted ; 
and  concluded  by  asking  the  impeachment  of  the  judges.  The 
House  in  committee  of  the  whole,  considered  this  matter  three 
days  and  examined  witnesses.  William  Lewis  made  an  elab 
orate  argument  in  vindication  of  the  judges  ;  Mr.  Findley 

JScharf  and  Westcott,  i.,  447  el  seq.;  Philadelphia  Times,  Sept.  11,  1887. 
21  Dallas,  319;  Scharf  and  Westcott,  i.,  426. 
6 


78  McKEAN  FAMILY. 

spoke  on  the  other  side,  and  Mr.  Fitzsimmons  then  made  a 
motion  that  there  was  no  cause  for  impeachment.  After 
several  unimportant  motions,  one  by  Mr.  Findley  claimed  the 
attention  of  the  house :  That  the  action  of  the  judges  was  an 
unconstitutional  exercise  of  power ;  and  directing  the  next 
Assembly  to  define  the  nature  and  extent  of  contempts  and 
direct  their  punishment.  Mr.  Findley  ably  supported  his 
resolution  ;  but  Mr.  Lewis1  satisfactorily  answered  him,  that 
the  legislative  power  is  confined  to  making  the  law,  and  can 
not  interfere  in  the  interpretation,  which  is  the  natural  and 
exclusive  province  of  the  judiciary  ;  and  secondly,  the  recom 
mendation  to  the  succeeding  assembly  would  be  nugatory,  for 
the  courts  of  justice  derive  their  powers  from  the  constitution, 
a  source  paramount  to  the  legislature,  and  consequently  what 
is  given  to  them  by  the  former  cannot  be  taken  away  by  the 
latter.  Mr.  Findley's  motion  was  lost  by  a  considerable  ma 
jority,  and  Mr.  Clymer  then  renewed  Mr.  Fitzsimmons'  original 
motion,  which  was  adopted,  and  the  memorial  of  course  re 
jected.2 

In  pronouncing  the  judgment  of  the  court  in  the  case  of  Os 
wald,  Chief  Justice  McKean  made  the  following  remarks: 

"  Some  doubts  were  suggested  whether  even  a  contempt  of  the 
court  was  punishable  by  attachment.  Not  only  my  brethren  and 
myself,  but  likewise  all  the  judges  of  England,  think  that  without 
this  power  no  court  could  possibly  exist ;  nay,  that  no  contempt 
could  indeed  be  committed  against  us,  we  should  be  so  truly  con 
temptible.  The  law  upon  the  subject  is  of  immemorial  antiquity, 
and  there  is  not  any  period  when  it  can  be  said  to  have  ceased  or 
discontinued.  On  this  point,  therefore,  we  entertain  no  doubt." 

These  observations  have  since  been  repeatedly  quoted  as 
conclusive  on  the  subject  of  contempts ;  and  were  cited  with 
approbation  in  the  famous  debate  in  January,  1818,  in  the  case 
of  John  Anderson  in  the  house  of  representatives  of  the 
United  States.3 

Lossing  in  his  Lives  of  the  Signers,  referring  to  this  matter, 
says,  "It  was  like  '  the  viper  biting  a  file.'  "  And  a  late  judge 

1  The  impeachment  resolution  was  chiefly  defeated  by  the  eloquence  of 
William  Lewis. — Browris  Forum. 

3  Sanderson's  Lives. 

8  Ibid.  Col.  John  Anderson  attempted  to  bribe  a  member,  and  a  long 
debate  ensued  as  to  whether  the  House  could  punish  him.  Joseph  Hopkin- 
son  quoted  a  portion  of  the  above  paragraph.  See  Journals  If.  R.,  Fifteenth 
Cong.,  1st  Sess.;  also  Debates  and  Proceed.,  Gales  and  Seaton,  1854,  Fifteenth 
Cong.,  1st  Sess  ,  pp.  722,  580  et  seq. 


THOMAS  McKEAN.  79 

of  the  Supreme  Court,  writing  in  Hazard's  Register  of 'Penn 
sylvania*  on  the  Bench  and  Bar,  says  of  Chief  Justice  Me- 
Kean :  "  Many  charges  were  made  against  him,  finally,  and 
attempts  were  made  to  impeach  him  ;  but  all  proved  abortive, 
and  only  shed  new  lustre  upon  his  character." 

This  is  not  the  only  instance  in  which  the  legislature  at 
tempted  a  wholesale  impeachment  of  the  Supreme  Court  for 
political  purposes.  Another  case  occurred  in  1804,  which  will 
be  noticed  in  its  proper  place. 

PENNSYLVANIA  CONSTITUTIONAL  CONVENTION,  1789. 

This  Convention  met  on  Tuesday,  November  24,  1789,  to 
frame  a  constitution  for  the  State.  It  was  at  first  proposed  to 
reform  the  old  constitution  then  in  force,  which  was  very  defec 
tive,  with  but  a  single  legislative  branch ;  but  this  was  after 
wards  abandoned  as  hopeless.  Judge  McKean  was  a  delegate 
from  Philadelphia.  Being  resolved  into  committee  of  the 
whole,  December  1st,  in  which  the  subject  was  chiefly  discussed, 
Judge  McKean  was  elected  chairman.  He  therefore  could  not 
take  part  in  the  debates  ;  he  was,  however,  the  author  of  the 
clause  making  provision  for  the  establishment  of  schools 
throughout  the  States,  so  that  the  poor  may  be  taught  gratis. 
On  his  retirement  from  the  chair  January  29, 1790,  he  received 
a  vote  of  thanks  from  the  committee.2 

MINOR  MATTERS. 

A  few  years  before  this,  Judge  McKean  was  appointed  by 
Congress  by  a  circuitous  sort  of  ballot,  one  of  nine  judges  to 
settle  a  certain  territorial  claim  between  the  states  of  Georgia 
and  South  Carolina.  James  Madison  and  James  Duane  were 
among  the  judges  chosen.3 

Washington's  birthday  was  celebrated  in  1790  by  the  Soci 
ety  of  the  Cincinnati ;  and  Chief  Justice  McKean  did  not  think 
it  beneath  himself  to  march  in  procession  with  them  through  the 
streets.4  On  the  17th  of  April  occurred  the  funeral  of  Benja 
min  Franklin.  The  pall-bearers  on  this  occasion  were,  the 
President  of  the  State,  Thomas  Mifflin ;  the  Chief  Justice, 
Thomas  McKean  ;  the  President  of  the  Bank,  John  Morton ; 

Mii.,  241. 

a  Sanderson's  Lives. 

*  Journals,  Sept.  13,  1786. 

*  Scharf  and  Westcott,  i.,  463. 


80  McKEAN   FAMILY. 

Samuel  Powell,  William  Bingham,  and  David  Rittenhouse, 
Esqs.,  accompanied  by  the  city  officers,  militia,  and  others.1 

During  this  same  year  was  organized  the  Hibernian  Society 
for  the  relief  of  emigrants  from  Ireland.  A  number  of  benev 
olent  gentlemen  (among  whom  were  several  members  of  the 
Friendly  Sons  of  St.  Patrick,  which  society  it  superseded)  met 
together  on  the  22d  of  March,  and  agreed  upon  a  constitution, 
under  which,  on  the  5th  of  April,  the  officers  were  elected,  as 
follows  :  President,  Hon.  Thomas  McKean  ;  Vice-President, 
General  Walter  Stewart;  Secretary,  Matthew  Carey:  Treas 
urer,  John  Taylor  ;  with  other  subordinate  officers.  The  so 
ciety  was  incorporated  under  the  laws  of  Pennsylvania,  April 
27,  1792,  upon  the  petition  of  Thomas  McKean  and  fifty-eight 
others.  The  records  being  imperfect  from  1793  to  1813,  it  is 
not  known  how  long  Judge  McKean  served  as  president.  The 
society  is  in  a  flourishing  condition  at  the  present  day,  being 
in  possession  of  an  investment  fund  of  $70,  000.  2 

In  1794  occurred  what  is  known  as  the  Whiskey  Insurrec 
tion,  in  the  Western  part  of  Pennsylvania.  Extreme  coercion 
was  about  to  be  employed,  and  troops  were  called  out  by  the 
general  government,  when  Judge  McKean  suggested  a  mild 
and  pacific  course,  which  prevailed.  Chief  Justice  McKean 
and  General  William  Irvine  were  appointed  commissioners  on 
the  part  of  the  state  ;  and  James  Ross,  Judge  Jasper  Yeates 
and  William  Bradford  (U.  S.  Attorney  General),  on  the  part 
of  the  United  States.3  On  their  way  home  after  leaving  Car 
lisle,  two  hundred  men  marched  in,  with  the  hope  of  catching 
Judge  McKean  and  Judge  Yeates,  who  was  in  his  company  ; 
but  being  disappointed  in  seizing  the  judges,  burned  them  in 
effigy.4  Of  this  great  uprising,  much  has  been  written;  there 
is  a  full  account  in  the  Pennsylvania  Colonial  Records,  vol. 
iv,  by  Linn  and  Egle,  1876. 

Towards  the  close  of  the  year  1792  occurred  the  second 
presidential  election,  in  which  Chief  Justice  McKean  took  part 
as  a  presidential  elector  from  the  3d  Pennsylvania  district.  He 
cast  his  vote  for  Washington,  who  received  the  unanimous  votes 
of  all  the  electors,  and  who  in  due  time  entered  upon  his  sec 
ond  term  of  office.5 


i.,  458  ;  Histor.  Mag.  of  Notes  and  Queries,  i.,  83-4. 
'Pamphlets  of  the  Society,  188*7-9. 

8  Hist.  Whiskey  Insurrection,  H.  M.  Breckenbridge,  1859,  p.  190;  also  Egle's 
Hist.  Penn.,  i.,  227. 
*Hildrith's  U.  S.,  iv.,  505-11. 
6  Lanman's  Biog.  Annals. 


THOMAS   McKEAN.  81 


WRITES  A  COMMENTARY  ON  THE  CONSTITUTION. 

During  this  same  year,  Thomas  McKean  and  James  Wilson 
published  a  work  with  the  following  title  : 

"  Commentary  on  the  Constitution  of  the  United  States  of 
America,  with  that  Constitution  prefixed,  in  which  are  unfolded 
the  Principles  of  free  Government;  and  the  superior  Advantages 
of  Republicanism  demonstrated."  By  James  Wilson,  LL.  D.,  and 
Thomas  McKean,  LL.  D.  T.Lloyd.  8vo.,  pp.  147.  3s.  De- 
bret,  1792. 

Both  of  the  authors  were  signers  of  the  Declaration,  and  they 
had  been  the  two  principal  leaders  in  the  convention  which  rat 
ified  the  constitution.  McKean  was  Chief  Justice,  and  Wilson 
an  associate  justice  of  the  Supreme  Court.  Wilson  was  also  at 
that  time  professor  of  law  in  the  University  of  Pennsylvania. 
This  work  was  favorably  commented  upon  by  that  standard 
publication,  the  London  Monthly  Review  for  October,  1792 
(iii,  155),  which  concludes  as  follows  : 

"  The  publication  must  be  perused  throughout  in  order  to  form 
an  idea  of  the  good  sense,  and  manly  eloquence  of  the  speeches 
here  made  public.1 

COMMOTIONS  CAUSED  BY  JAY'S    TREAY. 

The  revolution  which  dethroned  Louis  XVI  now  broke  out 
in  France,  and  England  with  other  countries  declared  war 
against  her.  Very  naturally  the  popular  sympathy  in  the 
United  States  was  with  France  our  old  ally,  and  against  Eng 
land  our  late  enemy.  Assistance  to  France  was  proposed  by 
many  ;  and  opposed  by  others,  who  raised  the  objection  that 
the  country  had  no  resources,  and  was  as  yet  but  feebly 
established.  To  avert  a  war,  a  secret  treaty  with  England 
was  concluded  by  John  Jay  at  London,  November  19,  1794. 
On  being  made  public  in  June  following,  a  few  days  after  its 
ratification  by  the  Senate,  (June  k24th,)  it  was  received  at  first 
with  an  almost  united  roar  of  execration  throughout  the  land.2 
Public  meetings  in  various  places  gave  expression  to  the  feel 
ing  against  it. 

In  Philadelphia  a  meeting  was  held  July  24th,  at  which  Dr. 
William  Shippen  presided.  Governor  Mifflin,  Chief  Justice 
McKean,  Frederick  A.  Muhlenberg,  David  Rittenhouse,  Alex- 

1See  also  Penn.  Mag.,  xi.,  271 ;  Allibone's  Diet,  of  Authors,  art.  McKean. 
2 Randall's  Thomcus  Jefferson,  iii.,  258-65-66. 


82  MoKEAN  FAMILY. 

ander  J.  Dallas,  Charles  Pettit,  Thomas  Lee  Shippen,  Jared 
Ingersol,  Blair  McClenachan  and  others  were  mounted  on  a 
stage  and  favored  war  with  England.  The  treaty  was  read, 
and  then  contemptuously  thrown  off  the  stage.  It  was  caught 
up  by  a  crowd,  who  marched  with  it  to  the  house  of  the 
British  Minister  and  to  Senator  William  Bingham's,  where  the 
treaty  was  publicly  burned.1  Nevertheless  the  treaty  was 
proclaimed  and  war  averted, — happily  so  for  the  country. 
John  Adams,  who  favored  the  other  side  of  the  question,  re 
ferred  to  this  matter  in  a  letter  to  Thomas  McKean  dated  June 
2, 1812,  as  follows*  "  Nearly  thirty-eight  years  ago  our  friend 
ship  commenced.  It  has  never  been  interrupted  to  my  knowl 
edge  but  by  one  event."7  Their  friendship  however  after  that 
event  continued  unbroken  to  the  end. 

A  PRESIDENTIAL  ELECTOR. 

At  the  third  presidential  election  in  1796  Adams  and  Jeffer 
son  were  the  two  principal  competitors.  Chief  Justice  McKean 
headed  the  republican  list  of  Presidential  Electors  in  Penn 
sylvania,  being  one  of  the  two  electors  at  large, — the  second 
time  he  had  filled  this  position.  Pennsylvania  was  entitled  to 
fifteen  electors,  and  among  those  from  the  congressional  dis 
tricts,  were  Joseph  Hiester  afterwards  Governor,  General 
William  Irvine,  Colonel  Samuel  Miles,  and  Peter  Muhlenberg.3 
This  ticket,  which  favored  Thomas  Jefferson,  was  elected,  re 
ceived  12,306  votes  in  the  state,  against  12,181  for  the  whig 
ticket  headed  by  Whelen,  which  favored  Mr.  Adams.4  At  the 
election,  Mr.  Jefferson  received  fourteen  of  the  fifteen  votes. 
Mr.  Adams  however  had  a  majority  of  the  whole  number  cast 
and  was  elected  president. 

HEATED  POLITICAL  AFFAIRS.     PETER  PORCUPINE'S  LAWSUITS. 

Politics  still  continued  to  agitate  the  people,  the  newspapers 
being  not  the  least  of  the  causes,  which  kept  up  the  excite 
ment.  William  Duane  of  the  Aurora  was  particularly  abusive 
in  all  his  writings.  At  length,  as  we  may  read  in  McMaster's 

llbid.,  and  Scharf  and  Westcott,  i.,  4Y5-81. 

2  Works,  by   his  grandson,  C.   F.   Adams,  1856,  x.,   13,  and  Sanderson's 
Lives. 

*Lanman,  Biog.  Annals,  p.  514. 
4  Scharf  and  Westcott,  i.,  485. 


THOMAS  McKEAN.  83 

History,1  weary  of  this  abuse,  a  number  of  militiamen,  led  by 
Joseph  B.  McKean,  son  of  the  Chief  Justice,  one  afternoon  in 
May  waited  on  the  editor,  and  demanded  an  apology.  Mr. 
Duane  refused ;  whereupon  he  was  seized,  dragged  down 
stairs,  and  flogged  in  the  public  street.  For  this  chastisement, 
Duane  entered  suit  against  Joseph  B.  McKean  and  thirty 
others  ;  but  they  were  acquitted  after  the  suit  had  hung  on  for 
several  years.2 

Notwithstanding  this,  Duane  took  sides  with  Judge  McKean 
in  his  canvass  for  governor ;  but  like  many  politicians  turned 
against  him  eventually.  His  wholesale  abuse  brought  him 
continually  into  trouble.  In  February,  just  before  the  episode 
above  related,  he  became  involved  in  a  quarrel  with  the  con 
gregation  of  St.  Mary's  church  ;  and  together  with  Dr.  James 
Reynolds  was  arrested  and  brought  before  the  mayor.  Judge 
McKean  appeared  in  their  behalf,  much  to  the  dissatisfaction 
of  the  opposite  party.3 

Duane  continued  his  abuse,  and  the  opinion  with  which  he 
was  regarded  by  the  opposition  may  be  seen  from  the  follow 
ing  extract  from  the  Federalist  or  New  Jersey  Gazette, 
August  5,  1799.  "  On  Tuesday  last,  Duane  the  infamous 
Aurora  man  was  arrested  by  the  marshall  of  the  district  of 
Pennsylvania  upon  a  warrant  from  Judge  Peters,  for  publish 
ing  in  the  Aurora  of  the  24th  ultimo,  a  gross  and  virulent 
libel  upon  the  government  of  the  United  States."  The  libel, 
the  editor  then  goes  on  to  say,  was,  that  in  1798,  the  British 
government  distributed  $800,000  among  officers  of  the  United 
States  as  secret  service  money. 

There  was  another  also  who  took  part  in  the  politics  of  these 
times,  so  distinguished  as  a  writer  that  he  deserves  more  than 
a  passing  notice ;  and  that  person  is  William  Cobbett,  whose 
ready  and  sarcastic  pen  kept  him  ever  in  trouble.  He  was 
the  editor  of  a  weekly  paper, —  The  Gazette,  and  wrote  under 
the  pseudonym  of  Peter  Porcupine.4' 

lHist.  People  of  U.  S.,  ii.,  439. 

"Scharf  and  Westcott,  i.,  497,  533. 

3Scharf  and  Westcott,  i.,  497.  Also  Wharton's  State  Trials  of  the  U.  S., 
1849,  p.  345. 

4  He  was  born  in  England  in  1762,  came  to  Philadelphia,  and  edited  Por 
cupine's  Gazette,  in  which  he  attacked  and  slandered  almost  every  one  ; 
thereby  becoming  involved  in  suits  for  slander  without  number.  Of  all  the 
opponents  of  Thomas  McKean  during  his  exciting  canvass  for  Governor, 
Cobbett  was  the  most  rancorous.  He  "boasted  of  having  immortalized  the 
Governor  in  every  country  where  the  English  language  is  spoken."  (Loy- 


84  McKEAN   FAMILY. 

In  this  paper  in  1797,  Cobbett  slandered  the  Spanish  Min 
ister,  Senor  Martinez  de  Yrujo,  and  the  Spanish  King,  calling 
the  former,  whom  he  nicknamed  Don  Yarico,  a  fop,  half  don 
and  half  sans-culotte  ;  and  the  latter  a  poor  degraded  creature. 
For  this,  Senor  Martinez  de  Yrujo  complained  against  Cobbett, 
and  he  was  bound  over  in  the  District  Court  charged  as  a  com 
mon  libeller  ;  but  broke  his  conditions  and  the  cause  then  came 
in  the  Supreme  Court  before  Chief  Justice  McKean.  The 
defendant  petitioned  to  have  his  case  transferred  to  the  Circuit 
Court;  but  the  Supreme  Court  rejected  it.  Chief  Justice 
McKean  presided  at  the  trial.1  u  His  charge  to  the  jury  was 
a  fine  one.  His  explication  of  the  law  of  libel  did  him  credit," 
says  McMaster2  the  historian,  but  adds  that  the  Chief  Justice 
turned  libeller  upon  the  prisoner  at  the  bar.  Cobbett  was 
acquitted  by  a  single  vote,  (10  to  9.)  It  is  stated  in  the  Life 
of  Cobbett,  that  Chief  Justice  McKean  then  determined  to 
suppress  Cobbett's  wholesale  abuse,  and  collecting  a  number  of 
his  pamphlets,  compelled  him  on  his  own  authority  as  Chief 
Justice  to  go  under  bonds  to  keep  the  peace,  and  be  of  good 
behavior.3  Cobbett,  in  his  inimitable  style,  relates  this  in  a 
letter  to  Dr.  Joseph  Priestly,  as  follows4 — 

"He  then  collected  a  bundle  of  my  pamphlets  and  papers,  and 
thereupon  issued  a  warrant,  .  .  .  [which]  stated  that  I  had  published 

alist  Poetry  of  the  Revolution,  p.  171.)  After  McKean's  election  he  sailed  for 
England,  and  it  was  thought  that  he  would  favor  the  royalist  side,  since  he 
had  opposed  the  republican  form  of  government  in  America ;  but  no,  his 
pen  at  once  turned  against  the  king  and  ministry,  and  he  was  soon  con 
victed  of  various  libels  against  the  government  and  individuals,  fined  and 
imprisoned.  By  one  of  those  strange  freaks  of  fortune,  he  was  elected  to 
Parliament,  but  failed  signally  in  that  sphere,  making  several  blunders. 
Allibone  says  that  in  Parliament  he  "  roared  as  gently  as  any  sucking  dove." 
Southey  declared  that  "As  an  author  he  stands  very  high  ;  there  never  was 
a  better  or  more  forcible  writer.  In  public  he  seemed  almost  against  every 
one."  (New  Am.  Encycl.}  Judgments  of  the  courts  against  him  for  dam 
ages  he  deemed  as  robbery  ;  Parliament  he  considered  little  better  than  a 
mob  for  laughing  him  down.  So  even  in  his  Grammar  of  the  English  Lan 
guage  (Letter  xvii.,  \  181)  he  cannot  conceal  his  sarcasm,  as  the  following 
singular  extract  will  show  :  "  Nouns  of  number  or  multitude,  such  as  Mob, 
Parliament,  Rabble,  House  of  Commons,  Regiment,  Court  of  King's  Bench, 
Den  of  Thieves,  and  the  like,  may  have  pronouns  agreeing  with  them  either 
in  the  singular  or  plural  number."  See  his  Life,  '•  How  to  Get  on  in  the 
World,"  Robert  Waters,  N.,  Y.,  1883. 

J3  Dallas,  467,  December  term,  1798;  also  reprinted  in  State  Trials  of 
the  U.  S.,  Francis  Wharton,  LL.  D.,  Phila.,  1849. 

*Hist.  of  People  of  U.  S.,  1855,  ii.,  353. 

3  How  to  Get  on  in  the  World,  R.  Waters,  N.  Y.,  1883,  p.  60. 

*The  Rush  Light,  Cobbett's  Works,  xi.,  427. 


THOMAS  McKEAN.  85 

certain  false  and  malicious  libels  against  himself,  Mifflin,  Dallas, 
Jefferson,  Munroe,  Gallatin,  old  Franklin,  the  Duke  of  Bedford, 
'Charles  Fox,  Sheridan,  Lord  Stanhope,  Bonaparte,  the  Bishop 
of  Bergamo,  Pichegru,  Robespierre,  Talleyrand,  Parker  the 
mutineer,  Napper  Tandy,  Arthur  O'Conner, — and  the  devil 
knows  who  besides." 

ELECTED  GOVERNOR  OF  PENNSYLVANIA. 

In  October  1799,  after  a  furious  political  contest  with  James 
Ross,  Thomas  McKean  was  elected  Governor  of  Pennsylvania. 
There  were  two  political  parties:  the  Republican  or  Demo 
cratic-Republican,  (a  term  which  came  into  use  about  this 
time,^)  and  the  Federalist.  The  former,  which  was  against  the 
encroachments  of  the  federal  government,  supported  McKean ; 
the  latter,  which  favored  the  strong  measures  of  the  govern 
ment,  voted  for  Ross.1  McKean  received  38,036  votes  against 
32,643  for  Ross,  a  majority  of  5393  ;2  The  election  marked  an 
important  era  in  politics;  for  it  brought  in- power  the  new 
party  which  was  afterwards  destined  to  rule  the  country  for 
many  years. 

HIS  ELECTION  OPPOSED  BY  COBBETT. 

One  of  the  most  bitter  opponents  of  Thomas  McKean  in  the 
canvass  for  governor  was  William  Cobbett.  He  had  never  for 
given  the  Chief  Justice  for  his  decisions  in  those  previous 
lawsuits,  and  now  his  aggravating  sarcasm,  his  great  fluency  of 
expression,  and  his  pointed  and  undisguised  statements,  made 
him  an  opponent  by  no  means  to  be  despised.  But  the 
acrimony  of  the  contest  having  long  since  passed  away,  an 
account  of  his  attacks  cannot  fail  to  be  interesting,  but  will 
doubtless  now  provoke  merely  a  smile  from  the  reader  of  these 
pages.  The  author  does  not  guarantee  the  truth  of  the  state 
ments  quoted  ;  but  that  may  also  be  a  feature  of  Cobbett's  style : 

u  Judye  McKean  :  This  vile  old  wretch  who  now  disgraces  the 
courts  of  the  unfortunate  State  of  Pennsylvania,  was  formerly  a 
stable-man  at  a  tavern  in  Chester  county.  The  following  lines 
allude  to  his  state  of  innocence  : 

"  OLD  TOPER,  to  currying  horses  was  bred, 
But  tir'd  of  so  humble  a  life, 

lLife  of  Thomas  Jefferson,  Henry  S.  Randall,  ii.,  506. 

2 Legis.  Handbook  of  Pa.,  T.  B".  Cochran,  1889,  for  the  votes  in  detail; 
Scharf  and  Westcott,  i.,  498:  see  also  Hildrith's  U.  S.,  v.,  314.  Hildrith 
gives  the  votes  each  10,000  too  small. 


86  McKEAN   FAMILY. 

To  currtfing  favor  he  turned  his  head, 

And  's  now  curried  himself  by  his  wife."1 

In  another  place,  with  great  sarcasm,  he  says  : 

"  His  [McKean's]  grandfather  was  an  Irishman  who  emigrated 
with  the  consent  of  his  majesty  and  twelve  good  and  true  men."3 

It  would  be  strange  if  Cobbett's  abuse  should  overreach 
itself  and  turn  in  McKean's  favor.  Can  it  be  that  Cobbett  here, 
with  a  little  confusion  of  generations,  alludes  to  the  Claver- 
house  jury  mentioned  in  the  Introduction  ?  If  so,  it  settles 
the  matter  in  the  affirmative  that  the  Pennsylvania  and  the 
New  England  McKeans  have  the  same  origin. 

In  regard  to  naturalizing  foreigners,  no  one  ever  represented 
the  matter  in  such  a  light  as  Cobbett  in  the  following  sentence : 

"  McKean.  This  honorable  personage  is  not  only  canvassing  as 
he  goes  his  circuit  (gracious  God  !),  he  is  not  only  soliciting  votes 
of  the  present  citizens,  but  he  is  absolutely  making  new  ones."3 

Accusing  McKean  of  trying  to  conciliate  the  Quakers  whom 
he  offended  by  the  execution  of  Roberts  and  Carlisle,  Cobbett 
writes : 

"'  Now  by  St.  Paul  the  work  goes  bravely  on  !  !'  Nothing  that 
I  ever  saw  or  ever  heard  of  would  please  me  half  so  well  as  to  see 
'The  Honor,  the  Doctor  of  Laws,  Esqr.,'  in  a  broad-brimmed  hat 
and  a  cape  coat.  But  halt !  What  shall  we  do  with  the  three 
tailed  wig  ?  It  must  not  hang  dangling  down  over  a  piece  of 
smooth  mouse-colored  cloth  ;  and  as  to  a  cap,  it  would  never  suit 
either  a  judge  or  a  governor.  A  red  liberty  cap,  indeed,  some 
governors  have  been  proud  to  wear ;  but  this,  I  take  it,  would  suit 
worse  with  a  Quaker  coat  than  even  a  three  tailed  wig.  Notwith 
standing  this  difficulty,  however,  I  sincerely  hope  the  conversion 
will  take  place.* 

About  this  time  Cobbett  turned  his  attention  to  Dr.  Rush, 
charging  that  he  bled  his  patients  to  death.  Finally  Rush 
sued  him,  and  the  case  came  before  Chief  Justice  McKean, 
governor  elect,  but  still  in  the  bench,  and  Judge  Shippen. 
Shippen  then  came  in  for  his  share  of  abuse,  as  well  also  as  the 
counsel  engaged,  namely,  Joseph  Hopkinson  (son  of  the  signer 
and  author  of  "  Hail  Columbia"),  and  Edward  J.  Coale  (men 

1  Porcupine's  Works,  by  William  Cobbett,  London,  1801,  12  vols.,  vii.,  300, 
Gazette  Selections. 
albid.,  vii.,  333. 
•Ibid.,  x.,  206. 
Mbid.,  x.,  212. 


THOMAS   MoKEAN.  87 

tioned  elsewhere  in  this  genealogy),  a  relative  of  Hopkinson, 
and  a  student  in  his  office.  Dr.  Rush  got  a  verdict  of  $5000. x 

Finally,  when  the  election  drew  nigh,  with  every  prospect  of 
McKean's  success,  Cobbett  became  so  wrought  up  that  he  pub 
lished  the  following  threat : 

"I  know  McKean,  and  I  know  that  it  is  my  duty,  my  bounded 
duty  to  my  subscribers  in  this  state,  to  use  all  my  feeble  efforts 
to  preserve  them  from  the  power  of  such  a  man.  From  private 
considerations,  there  is  no  man  who  need  care  less  about  the  issue 
of  the  election  than  myself.  It  is  out  of  McKean's  power  to  hurt 
me.  I  will  never  live  six  months  under  his  sovereign  sway."* 

True  to  his  threat,  on  the  news  of  the  election  of  McKean, 
Cobbett  prepared  to  leave  Philadelphia;  but  was  not  able  to 
do  so  before  execution  was  levied  by  Dr.  Rush  and  others  on 
his  personal  effects  that  swept  away  nearly  all  his  property.3 

He  inserted  in  the  Federalist  or  New  Jersey  Gazette  of 
December  16,  1799,  the  following  advertisement: 

"  WILLIAM  COBBETT  having,  (in  order  to  avoid  the  disgrace 
of  living  under  the  Government  of  MacKean,)  removed  from 
Philadelphia  to  New  York,  requests  all  those  who  may  have 
occasion  to  write  to  him,  to  direct  their  letters  to  the  latter  city, 
No.  141  Water  street." 

On  his  arrival  in  New  York  he  published  the  following 
card  (January  1800)  : 

"  To  the  subscribers  of  this  Gazette  :  Remembering  as  you  must 
my  solemn  promise  to  quit  Pennsylvania,  in  case  my  old  demo 
cratic  Judge  MACK  KEAN  should  be  elected  Governor ;  and 
knowing  as  you  now  do  that  he  is  elected  to  that  office,  there  are, 
I  trust,  very  few  of  you  who  will  be  surprised  to  find  that  I  am  no 
longer  in  that  degraded  and  degrading  state."4 

He  published  the  Rush  Light  in  New  York  for  a  while,  in 
which  he  continued  his  abuse  on  Rush,  McKean,  Shippen, 
Hopkinson,  and  Harper ;  and  ended  by  consigning  all  Phila- 
delphians  to  perdition,  and  sailed  for  Europe.5 

The  democratic-republicans  went  wild  over  the  election  of 
Thomas  McKean,  for  it  was  the  first  triumph  of  the  new  party. 
Addresses  were  made  to  him,  in  various  places  ;  and  banquets 
given,  in  which  he  was  toasted.  In  the  Aurora  of  November 

1Ibid.,  xi.,  360-3. 

albid.,  x.,  190. 

"Scharf  and  Westcott,  i.,  497. 

*  Cobbetfs  Works,  xi.,  137. 

5  Scharf  and  Westcott,  i.,  499. 


88  McKEAN   FAMILY. 

9th,  appeared  one   of  the   party  songs,  which  concluded  as 

follows : 

The  day  of  election  the  Tories  regret, 
Five  thousand  and  odd  's  a  majority  great ; 
So  here  's  to  the  health  of  Republican  Green 
And  Republican  Blue  and  old  Thomas  McKean. 

On  the  6th  of  November,  at  a  town  meeting  held  in  Phila 
delphia,  an  address  was  prepared  congratulating  the  governor- 
elect  upon  his  success.  To  this,  Judge  McKean  replied  that 
under  his  administration  their  happy  system  of  government, 
raised  on  the  sole  authority  of  the  people,  would,  he  trusted, 
by  the  favor  of  God,  be  continued  inviolate ;  that  neither 
foreign  nor  domestic  enemies,  neither  intrigue,  menace,  nor 
seductions  should  prevail  against  it ;  and  that  the  constitution 
of  the  United  States  and  of  Pennsylvania,  should  be  the  rule 
of  his  government.1  The  reply  created  some  stir  at  the  time, 
on  account  of  its  strong  partisan  language,  and  it  was  after 
wards  brought  up  against  him.2 

TAKES  THE  OATH  OF  OFFICE.  HIS  REMOVALS  FROM  OFFICE. 

Judge  McKean  took  the  oath  of  office  as  governor  on  the  17th 
of  December,  1799.  In  the  Federalist, QV  New  Jersey  Gazette, 
of  December  23d,  1799,  is  the  announcement  that  McKean  was 
proclaimed  Governor  of  Pennsylvania  on  the  18th  instant,3  also 
that  Edward  Shippen  is  appointed  Chief  Justice,  and  Hugh  H. 
Brackenridge,  of  Pittsburg,  a  Judge  of  the  Supreme  Court. 
This  paper  is  deeply  edged  with  black,  as  it  contains  the  an 
nouncement  of  the  lamented  decease  of  General  Washington. 

As  soon  as  Governor  McKean  entered  upon  his  duties,  he 
began  a  series  of  removals  from  office,  of  various  persons,  high 
and  low,  which  he  deemed  for  the  public  good.  In  a  letter  to 
John  Dickinson,  June  23,  1800,  he  says:  "I  have  waded 
through  a  sea  troubles,  and  surmounted  my  principal  difficulties. 
I  have  been  obliged  (though  no  Hercules),  to  cleanse  the 
Augean  stable,  with  little  or  no  aid  ;  for  I  am  my  own  minis 
ter  and  amanuensis."* 

Governor  McKean,  as  might  be  expected,  was  attacked  by 

1  Sanderson's  Lives. 

2Scharf  and  Westcott,  i.,  504. 

8  A  mistake  for  17th. 

*  Sanderson's  Lives,  where  a  lengthy  defense  of  these  removals  is  entered 
into.  In  some  of  the  volumes  of  Penn.  Senate  Journal  may  be  found  long 
lists  of  the  Governor's  appointments,  1805-6-7,  and  thereabouts. 


THOMAS   McKEAN.  89 

his  political  opponents,  and  his  course  ascribed  wholly  to  polit 
ical  antagonism.  Alexander  Graydon  was  one  of  those  removed 
by  him.  He  was  performing  the  duties  of  prothonotary  of 
Dauphin  county  "  until  his  sudden  expulsion  by  McKean,  to 
whom,"  he  says,  "  belongs  the  unenviable  distinction  of  being 
the  father  of  political  proscription  in  the  United  States."1 
Charles  Biddle,  also  a  contemporary,  says  of  the  Governor,  "  I 
knew  he  was  very  much  provoked  at  some  severe  pieces,  writ 
ten  against  him  by  my  nephew,  Mr.  Marks  John  Biddle.  How 
ever,  Governor  McKean  and  myself  had  always  been  upon  good 
terms,  and  I  had  a  high  esteem  for  him,  believing  him  to  be  a 
very  honest  man,  although  a  very  violent  one,  who  had  no  com 
mand  of  his  temper ;  but  spoke  whatever  he  thought  upon  all 
occasions."  Although  Mr.  Graydon,  who  was  remotely  con 
nected  with  the  governor  by  marriage,  was  turned  out  of  office, 
yet  Biddle  was  retained,  though  he  had  every  expectation  of 
being  removed.2 

His  political  enemies,  the  Federalists,  berated  Governor 
McKean,  as  may  be  seen  from  the  two  following  extracts  from 
The  Administrations  of  Washington  and  Adams — the  Fed 
eral  Administrations  :3  "  After  all,  McKean  is  a  better  gov 
ernor  than  Mifflin.  He  won't  corrupt  society  more,  if  as  much, 
and  the  work  he  does  will  be  more  open."  (Letter  of  Chaun- 
cey  Goodrich,  Hartford,  Nov.  18,  1799.)  "  McKean's  ad 
ministration  has  brought  forward  every  scoundrel  who  can  read 
and  write,  into  office  or  expectation  of  one,  and  the  residue  of 
Democrats,  with  the  joy  and  precocity  of  the  damned,  are  enjoy 
ing  the  mortification  of  the  few  remaining  honest  men  and  Fed 
eralists."  (Letter  of  Uriah  Tracy,  Pittsburg,  Aug.  7, 1800.) 

"Mr.  McKean's  gubernatorial  career,"  says  a  recent  biogra-- 
pher,"  was  marked  by  great  ability,  and  produced  beneficial  re 
sults  to  the  commonwealth.  He  was  a  rigid  partisan,  well  dis 
ciplined  in  tactics,  a  devout  believer  in  the  Jeffersonian  maxim 
that,  '  to  the  victors  belong  the  spoils.'  In  carrying  out  his 
specific  views  of  this  theory,  his  wholesale  removals  of  political 
opponents  was  unprecedented  in  our  early  history.4" 

The  Federalists  in  the  legislature  now  attacked  Governor 
McKean  for  his  speech  on  the  6th  of  November,  as  well  as  for 
his  removals.  It  was  moved  in  the  House  of  Representatives 

1  Memoirs  of  His  Own  Time,  1846,  p.  xiii. 

*Autobiog.  Ch.  Biddle,  by  Craig  Biddle,  1883,  p.  383. 

3  Geo.  Gibbs,  2  vols.,  N.  Y.,  1846,  ii.,  288,  399. 

4Nevin,  Continental  Sketches  of  Distinguished  Pennsylvanians,  1875. 


90  McKEAN  FAMILY. 

to  condemn  him,  but  that  branch  containing  a  majority  of 
Democrats,  the  vote  was  lost.1  The  Senate,  however,  passed  a 
resolution  condemning  him,  to  which  he  made  a  long  reply, 
"  declaring  that  the  objectionable  expressions  were  uttered 
before  he  assumed  office  ;  and  that  as  regarded  his  removals 
from  office,  he  relied  upon  his  right  to  make  such  changes  as 
he  deemed  proper  without  accountability  to  any  person  or 
party,"2 — a  reply  characteristic  of  his  firmness  of  purpose  in 
what  he  believed  to  be  right. 

His  object  in  removing  opponents  was  not  to  make  places 
merely  for  political  friends,  but  to  secure  efficiency  and  har 
mony  to  his  rule.  For  when  the  affairs  of  his  administration 
once  became  settled  on  a  firm  basis,  he  did  not  adhere  exclu 
sively  to  his  own  party  in  making  appointments.  He  twice 
elevated  to  the  highest  position  in  his  power  to  bestow,  that  of 
chief  justice  of  the  state,  gentlemen  whose  political  views  were 
adverse  to  his  own.8 

In  verification  of  this  statement,  the  following  anecdote  may 
properly  find  a  place  here.  When  Tilghman  was  nominated 
for  chief  justice,  a  committee  was  sent,  who  announced  them 
selves  as  representing  the  sovereign  people,  the  great  democ 
racy  of  Philadelphia,  and  declaring  that  they  could  never  ap 
prove  this  nomination.  The  governor  listened  with  his  usual 
haughty  courtesy,  and  bowing  profoundly,  replied,  "  Inform 
your  constituents  that  I  bow  with  submission  to  the  great  de 
mocracy  of  Philadelphia  ;  but,  by  God  !  William  Tilghman 
shall  be  chief  justice  of  Pennsylvania."  And  he  was.41  He 
received  his  appointment  February  28,  1806. 

Another  anecdote  is  related,  of  an  appointment  which  can 
not  be  charged  to  political  reasons.  A  very  worthy  man 
(John  Goodman)  applied  to  him  for  a  commission  as  justice  of 
the  peace ;  but  stated  very  frankly  that  he  had  no  certificates 
or  backers.  "Never  mind,"  said  the  Governor,"!  require 
none  ;  and  if  any  one  should  ask  you  how  you  got  your  ap 
pointment,  tell  him  that  Thomas  McKean  recommended  you, 
and  the  Governor  appointed  you."6 

Not  long  after  this,  Governor  McKean  removed  his  nephew 
by  marriage,  Joseph  Hopkinson,  and  appointed  John  Beckley 

^charf  and  Westcott,  i.,  504. 

2Egle,  Illust.  Hist,  of  Penn.,  i.,  234-5. 

8  Armor,  Lives  of  Govs.  of  Penn.,  p.  303  ;  see  also  Sanderson's  Live*. 

«R.  H.  Daris,  in  Harp.  Mag.,  lii.,  872. 

5  David  Paul  Brown,  The  Forum,  i.,  345. 


THOMAS  McKEAN.  91 

to  the  office.  A  controversy  ensued  over  this  in  which  Joseph 
B.  McKean  appeared  in  behalf  of  his  father.  Governor 
McKean  was  also  assailed  for  participating  as  Grand  Sachem 
at  an  anniversary  celebration  of  the  St.  Tammany  Society, 
May  12,  1800,  at  Buck  Tavern,  Moyamensing.  The  cere 
mony  was  burlesqued  in  the  Phila.  Gazette  of  June  SdjlSOO.1 

Next  President  Adams  made  an  appointment  which  set  in 
motion  a  lively  controversy.  He  appointed  Alexander  J. 
Dallas  district  attorney,  which  gave  dissatisfaction,  as  Dallas 
was  already  Secretary  of  the  Commonwealth.  He  resigned 
the  latter,  and  Governor  McKean  appointed  him  Recorder  of 
Philadelphia.  The  common  council  objected  to  this,  as  he 
held  two  offices.  Proceedings  were  had  and  the  case  was 
argued  by  Hopkinson,  Lewis  and  Tilghman  for  the  councils, 
and  by  Joseph  B.  McKean  and  Ingersoll  for  Dallas.  The 
defendants  (Dallas)  won  the  case,  and  the  legislature  at  the 
next  session  took  up  the  matter  and  passed  a  law  prohibiting 
a  person  from  holding  both  state  and  federal  offices.  Governor 
McKean  vetoed  this,  as  he  could  not  admit  thereby  that  he 
had  done  any  wrong  in  appointing  Dallas  as  Recorder.  The 
House  passed  the  bill  over  his  veto  and  Dalks  resigned.2  It 
is  readily  seen  that  the  root  of  this  controversy  was,  that  the 
law  or  custom  of  holding  more  than  one  office,  was  not  then 
well  defined,  as  it  is  now ;  and  such  cases  as  the  above-related, 
assisted  materially  in  settling  the  law  and  custom. 

In  justification  of  Governor  McKean's  removals  from  office, 
I  know  of  no  stronger  argument,  than  that  which  may  be  drawn 
from  the  writings  of  his  opponents  themselves.  1  will  first 
cite  William  Cobbett,  in  regard  to  the  dilemma  of  Governor 
Mifflin's  appointees  to  office:3 

"  Two  candidates  offered,  Ross  and  McKean.  In  the  latter 
they  remembered  indeed  the  old  revolutionist ;  but  they  also  re 
membered  that  he  was  not  a  Mifflin.  Keen,  vigilant,  persever 
ing,  tyrannical  and  vindictive  as  they  knew  McKean  to  be,  they 
were  afraid  to  give  him  their  support  lest  they  should  have  him 
for  a  master ;  and  afraid  to  oppose  him  lest  they  should  be  dis 
placed.  Being  at  last  fully  persuaded  that  Ross  would  succeed, 
they  openly  gave  him  their  support.  They  were  egregiously  de 
ceived.  McKean  was  elected  by  a  vast  majority ;  and  though  his 
great  age  was  one  of  the  objections  they  affected  to  have  against 

!Scharf  and  Westcott,  i.,  504. 
2Ibid.,  i.,  509. 
8  Works,  xi.,  387. 


92  McKEAN  FAMILY. 

him,  he  soon  made  them  feel  that  he  was   not   deficient  in   point 
of  energy. 

u  The  first  step  he  took  was  to  annul  all  commissions  during 
pleasure,  granted  by  his  predecessor.  He  had  previously  obtained 
exact  information  respecting  the  electioneering  conduct  of  every 
one  of  the  civil  officers,  whom  he  had  power  to  displace  ;  and  ac 
cording  to  this,  he  made  out  his  list  of  proscription.  He  swept 
the  poor  fellows  off  by  dozens,  with  as  little  ceremony  as  a  foul 
feeding  glutton  brushes  the  flies  from  the  meat  he  is  himself  going 
to  devour." 

Had  Governor  McKean  transcended  his  legitimate  powers 
one  iota,  or  overstepped  the  law  in  the  smallest  particular, 
would  not  Cobbett  have  eagerly  seized  upon  it?  The  fact 
that  Cobbett  does  not  bring  such  a  charge  is  circumstantial  evi 
dence  that  Governor  McKean  did  not  overstep  the  laws  in  his 
removals.  He  first  annulled  the  commissions  "  during  pleas 
ure;"  he  then  made  a  list  of  those  '-'whom  he  had  power  to 
displace"  He  had  a  clear  right  to  remove  these  two  classes. 
As  to  the  office  holders,  Cobbett  depicts  them  in  an  unenviable 
light,  weak,  unreliable  and  insincere  to  either  candidate,  think 
ing  solely  how  to  retain  their  offices.  The  removals  are  thus 
seen  to  be  not  contrary  to  law,  although  contrary  to  custom. 

The  letter  of  Chauncey  Goodrich,  quoted  a  few  pages  back, 
says,  "the  work  he  does  will  be  more  open,"  thus  testifying 
that  Governor  McK  can's  work  is  not  done  in  secret  or  in  the 
dark,  but  is  open  to  the  criticism  of  his  adversaries.  The 
other  letter  quoted  contains  abuse,  but  nothing  against  McKean 
more  than  its  language  is  against  its  own  author.  Cobbett's 
attacks,  as  may  be  seen  from  the  extracts  given,  were  generally 
abuse,  or  ridicule,  that  may  have  influenced  some  at  that  time. 
Such  evanescent  attacks  contain  but  little  to  influence  posterity. 

The  photolithographed  fac-simile  of  a  printed  hand-bill  on 
the  opposite  page,  is  given  as  a  curious  memento  of  these  tur 
bulent  times.  It  has  been  preserved  in  the  family,  and  is  now 
in  possession  of  the  author.  The  photolithograph  is  reduced 
two-thirds  of  the  original  size.1 

The  news  that  the  presidential  election  between  Jefferson 
and  Burr  had  resulted  in  a  tie,  was  known  towards  the  close  of 
the  year  1800,  and  much  elated  the  democratic  republican?, 
as  the  election  would  then  be  thrown  into  the  House  of  Re 
presentatives.  Meetings,  festivals,  and  banquets  were  held  in 

1The  paper  is  torn  and  the  print  worn  away  in  places.  It  is  not  known 
who  wrote  the  line  at  the  bottom. 


BY  DESIRE    OF 

GOVERNOR  M'KEAN> 

Who  means  to  honor  the  Theatre  with  his  prefeftce, 
THIS  EVENING,  January  2,  1800, 

At    the  Houfe  of  Mr.  LENEGAN,  in  Eajl   King-Jlreet,   Lancafter, 
At  the  Sign  of  the  White  Horje. 


£srSENTLEME*r-trf  Bmcafter 
pecifully  informed,    that  this  evening  will  be  prefent- 
pd  the  greateft  variety  of  amufements  that  has   ever 
~been  exhibked  in  this  town,   confiding  of 

Pantomime,  Singing,  Hornpipe  Danc 
ing,   Tumbl//7g,  SPEAKING,  &c.  &c, 

And  in  particular  ^tn  Indian  WAR  and  SCALP  Dance, 

by  Mr.  Durang  and  Mr.  F.  Kicketts. 

Doors  to  be  opened  at  fix  and  the  performance  to  be^in  at  7    o'clock. 
Tickets  to  be  had  at  Mr,  Lenegans  and  at  Hamilton  s  Pfinting-Office. 


who  wifh  to  engage  feats  may  have 
calling  uv/a^Ri  Row  SON  at  the  Theatre. 

ROWSON  &  Co. 

^Printed  by  William  Hamilton,  King-ftreet,    ^ar^^ 


THOMAS  McKEAN.  93 

various  places,  among  which  was  a  splendid  gathering  at  the 
Green  Tree  Tavern  at  Philadelphia  to  hear  speeches,  drink 
toasts,  and  sing  "  Jefferson  and  Liberty,"  till  they  were  hoarse. 
One  stanza  of  this  favorite  party  song  ran  as  follows  : 

Calumny  and  falsehood  in  vain  raise  their  voice 

To  hlast  our  Republican's  fair  reputation  ; 
But  Jefferson  still  is  America's  fair  choice, 

And  he  will,  her  liberties,  guard  from  invasion. 
'Tis  the  wretches  who  wait, 
To  unite  church  and  state, 
That  the  names  of  McKean,  Burr,  and 

Jefferson  hate. 

But  ne'er  will  the  sons  of  Columbia  be  slaves, 
While  the  earth  bears  a  plant,  or  the  sea  rolls  its  waves.1 


SECOND  ELECTION  AS  GOVERNOR. 

IN  the  fall  of  1802,  Governor  McKean  was  re-elected  ;  his 
popularity  gaining  for  him  an  immense  majority,  receiving  no 
less  than  47,879  votes,  against  17,037  for  his  old  competitor 
Ross.  His  majority  was  30,000  in  a  total  vote  of  65,000.s 
Is  not  this  majority  alone  a  vindication  of  his  three  years 
administration  ?  Three-fourths  of  the  people  of  the  state  are 
with  him.  The  opposition  is  headed  by  a  mere  faction,  which 
however  makes  a  great  noise.  Politics  ran  exceedingly  high 
at  this  election  also.  A  banquet  was  given  to  the  Governor 
at  Hamburg  Tavern,  and  also  at  Francis'  Union  Hall.  And  a 
procession  to  celebrate  the  acquisition  of  Louisiana  laid  out  the 
route  of  the  march  to  pass  the  Governor's  house  on  Third 
street,  May  12,  1804.3 

During  this  year  (1804)  occurred  the  Brackenridge  episode. 
The  legislature  was  acting  on  a  matter  of  the  impeachment  of 
three  of  the  four  judges  of  the  supreme  court,  for  alleged 
arbitrary  conduct  in  committing  to  prison  for  contempt  of 
court,  one  of  the  parties  in  a  suit  then  pending  ;  the  contempt 
consisted  in  an  abusive  publication  in  the  newspapers.  The 
case  was  similar  to  that  of  Oswald  already  related  in  these 
pages.  Judge  Brackenridge  the  fourth  judge  happened  to  be 
absent,  and  was  not  embraced  in  the  impeachment  ;  he  how 
ever.  sent  a  letter  to  the  assembly,  that  he  concurred  in  the 

iMcMaster's  U.  S.,  ii.,  512. 

2  Legislative  Handbook  of  Pa.,  Cochran,  1889,  p.  398;  Hildrith's  U.  S.,  v.. 
466;  Adams'  Works,  x.,  121  ;  Scharf  and  Westcott,  i.,  513. 
'Scharf  and  Westcott,  i.,  513-19. 

7 


94  McKEAN    FAMILY. 

course  taken  by  the  other  judges.1  For  this,  the  legislature 
sent  an  address  to  the  Governor  requesting  his  removal ;  but 
the  request  was  utterly  refused.  The  committee  attempted  to 
remonstrate  with  him,  stating  that  the  expression  "  may  re 
move"  in  the  address  was  equivalent  to  "must  remove." 
Governor  McKean  heard  them  patiently  ;  and  bowing,  replied, 
"  I  will  have  you  know,  gentlemen,  that  May  sometimes 
means  Won't? 

This  was  not  the  only  instance  in  which  the  legislature  at 
tempted  to  interfere  with  the  governor's  prerogative,  or  to 
instruct  him  in  his  duties,  neither  of  which  would  he  allow  ; 
and  on  another  occasion,  a  committee  of  the  legislature  fared 
no  better  than  the  previous  had  done. 

The  governor  having  vetoed  what  was  deemed  an  important 
bill  passed  by  the  legislature,  a  committee  of  three  of  that  body 
was  appointed  to  wait  upon  his  excellency  to  remonstrate  with 
him,  and  to  urge  the  reconsideration  of  his  veto.  He  received 
them  with  his  accustomed  dignified  politeness,  and  after  they 
had  explained  their  mission,  apparently  without  noticing  their 
communication,  he  deliberately  took  out  his  watch,  and  handing 
it  to  the  chairman,  said,  "  Pray,  sir,  look  at  my  watch ;  she  has 
been  out  of  order  for  some  time ;  will  you  please  put  her  to 
rights?"  "Sir,"  replied  the  chairman,  with  some  surprise, 
"I  am  no  watchmaker;  I  am  a  carpenter."  The  watch  was 
then  handed  to  the  other  members  of  the  committee,  both  of 
whom  declined,  one  being  a  currier,  and  the  other  a  bricklayer. 
"Well,"  said  the  governor,  "this  is  truly  strange!  Any 
watchmaker's  apprentice  can  repair  that  watch ;  it  is  a  simple 
piece  of  mechanism,  and  yet  you  can't  do  it !  The  law,  gentle 
men,  is  a  science  of  great  difficulty  and  endless  complication ; 
it  requires  a  life-time  to  understand  it.  I  have  bestowed  a 
quarter  of  a  century  upon  it;  yet  you,  who  can't  mend  this 
little  watch,  become  lawyers  all  at  once,  and  presume  to  in 
struct  me  in  my  duty."  Of  course  the  committee  vanished.3 

In  1804  an  act  was  passed  to  substitute  referees  for  a  jury, 
thinking  that  if  trials  by  jury  could  be  gotten  rid  of,  lawyers 
might  be  dispensed  with.  Governor  McKean  vetoed  this  bill, 
and  thereupon  sprang  up  between  him  and  the  Assembly  a 
violent  quarrel,  which  presently  reached  a  great  height.  Mc- 

iHildrith's  U.  S.,  v.,  514. 

2  David  Paul  Brown,  The  Forum,  where  the  year  is  given  wrongly  1806 ; 
Scharf  and  Westcott,  i.,  517. 

3  The  Forum,  i.,  344. 


THOMAS  McKEAN.  95 

Kean  was  assailed  by  his  old   ally  Duane,  whose  chief  sup- 
porter  was  Michael  Leib.1 

A  historical  writer  of  a  series  of  biographical  articles  in  the 
Village  Record,  of  West  Chester,  Pennsylvania  (Sept.  8, 
1860J,  with  but  little  apparent  partiality  to  Governor  McKean, 
gives  a  sketch  of  his  life,  laying  particular  stress  on  the  con 
troversy  with  General  Thompson,  the  address  of  December  6th, 
etc.,  and  concludes  as  follows:  "It  is  curious  to  remark  that 
before  the  second  term  ...  he  quarreled  with  his  old  friends, 
and  threw  himself  into  the  arms  of  the  politicians  so  graphi 
cally  mentioned  in  the  response  above  quoted,  by  whom  he 
was  triumphantly  sustained  for  a  third  term." 

SOLICITED  TO  BECOME  A  CANDIDATE  FOR  VICE  PRESIDENT  OF 
THE  UNITED  STATES. 

The  early  growth  of  the  Republican  or  Democratic  party, 
has  already  been  noted  in  these  pages.  Let  us  recapitulate. 
In  1796,  McKean,  then  chief  justice,  headed  the  presidential 
ticket  as  an  elector-at-large.  In  Pennsylvania  the  party  was 
successful ;  but  Jefferson  was  not  elected  president.  Three 
years  after,  McKean  was  elected  governor  by  a  large  majority. 
His  popularity  vastly  increased  during  his  term  of  office  ;  and 
this,  added  to  his  great  personal  and  political  influence,  con 
tributed  in  no  small  degree  to  the  election  of  Mr.  Jefferson  to 
the  presidency  the  succeeding  year.2  And  during  the  whole 
of  that  gentleman's  administration,  the  weight  of  Governor 
McKean's  opinions  and  conduct  was  directed  to  upholding  the 
principles  which  marked  the  policy  of  the  general  government.3 

Then  followed  Governor  McKean's  immense  majority  at  his 
re-election,  which  brought  him  forward  as  one  of  the  most 
prominent  men  in  his  party.  Being  a  strong  candidate,  he 
was,  therefore,  in  the  fall  of  1803,  urgently  solicited  to  become 
a  candidate  for  the  Vice- Presidency  with  Mr.  Jefferson  at  his 
second  nomination.  Alexander  J.  Dallas*  thus  addresses  him 
on  this  subject,  under  date  of  October  14th,  1803: 

iHildrith's  U.  S.,  v.,  514. 

2Nevin,  Continental  Sketches  of  Distinguished  Pennsylvanians  ;  Sanderson's 
Lives;  Goodrich's  Lives,  etc. 

3  Sanderson's  Lives. 

*  Without  an  especial  mention  of  this  gentleman,  the  warm  personal  and 
political  friend  of  Gevernor  McKean,  this  biography  would  be  incomplete. 
Alexander  James  Dallas  was  born  in  the  island  of  Jamaica  in  1759,  of  a 
Scottish  family.  He  removed  to  Philadelphia,  was  admitted  to  the  bar,  and 
took  a  high  stand  in  his  profession  ;  published  the  laws  of  Pennsylvania, 


96  McKEAN    FAMILY. 

**  I  have  been  requested  by  several  of  our  friends,  to  bear  with 
me  (to  Washington,)  your  sentiments  as  to  the  office  of  vice- 
president.  Your  name  has  been  most  honorably  mentioned  on  the 
occasion.  Pray  write  me,  in  perfect  confidence,  and  address  your 
letter  to  the  care  of  Mr.  Gallatin,  at  Washington.  Accustomed 
as  I  have  been  for  many  years,  to  wish  every  thing  that  can  pro 
mote  your  happiness  or  reputation,  it  would  give  me  pain  to  find, 
that  in  this  instance,  your  disposition  should  lead  you  to  the  fed 
eral  scene  :  as  I  do  not  believe  there  exists  another  man  in  Penn 
sylvania,  to  whom,  at  this  period,  the  real  interests  of  the  state 
can  be  safely  confided.  But  your  choice  will  entirely  govern  my 
opinions  and  expressions."1 

Governor  McKean  declined  this  honor  both  on  public  and 
private  considerations.  Had  he  accepted,  he  would  assuredly 
have  been  elected,  as  George  Clinton  of  New  York  was  then 
nominated,  and  chosen  with  Mr.  Jefferson  at  his  second  elec 
tion  in  1804. 

About  this  time  it  was  reported  that  Governor  McKean 
"  has  been  appointed  minister  plenipotentiary  to  the  court  of 
Madrid,  to  adjust  existing  difficulties  relative  to  the  possessions 
of  Louisiana."  Whether  he  was  offered  the  position,  or 
whether  it  was  a  mere  rumor,  cannot  now  be  ascertained.2 


THIRD  ELECTION  AS  GOVERNOR-VIRULENT   PARTY   FEELING— 
IMPEACHMENT  PROCEEDINGS. 

In  the  fall  of  1805,  as  the  time  for  election  approached, 
Duane,  Leib,  and  other  political  enemies  of  McKean  organized 
in  secret  ;3  and  founded  societies  throughout  the  state  to  pre 
vent  his  nomination.  They  issued  an  address  to  the  public, 
setting  forth  McKean's  "  austerity,  and  aristocratic  habits," 
his  "years  of  professional  contention  and  dominion  in  courts  ;" 
his  "ungracious  distribution  of  offices  among  relatives,"  and 

and  was  subsequently  reporter  of  the  Supreme  Court  of  the  United  States. 
He  was  Secretary  of  State  of  Pennsylvania  for  several  terms,  both  before 
and  during  Governor  McKean's  administration.  He  was  also  U.  S.  District 
Attorney,  and  in  1814  was  appointed  Secretary  of  the  Treasury.  He  proved 
to  be  an  able  and  energetic  officer  during  trying  financial  times  following 
the  war  of  1812.  Besides  being  a  law  writer,  he  was  also  an  author  of 
various  works.  He  died  in  1817,  leaving  two  sons  who  became  prominent, 
Commodore  A.  J.  Dallas,  U.  S.  Navy  ;  and  the  Hon.  George  M.  Dallas,  Vice- 
President  of  the  United  States  1845-9  ;  and  a  daughter,  who  was  the  wife 
of  Judge  William  Wilkins,  Senator  and  Secretary  of  War. — Appleton. 

1  Sanderson's  Lives. 

*Balt.  Gazette  and  Daily  Adv.,  Nov.  3,  1803. 

'Mark  the  contrast:  we  read  above  that  McKean's  acts  are  done  openly. 


THOMAS  McKEAN.  97 

his  present  intimacy  "  with  those  who  had  been  his  former 
libelers."  The  federalists,  knowing  it  to  be  impossible  to 
elect  one  of  their  own  party,  and  hoping  to  break  McKean's 
majority,  nominated  a  democrat;  but  McKean's  popularity 
was  too  great  for  defeat,  and  he  was  successfully  elected  over 
Simon  Snyder,  by  a  large  majority  —  nearly  5000  votes.1  The 
senate  and  house  were  strongly  for  McKean. 

The  Governor  thus  vindicated,  began  separate  lawsuits  against 
John  Steele,  William  Dickson,  Matthew  Lawler,  Thomas  Leiper, 
Dr.  Leib,  Jacob  Mitchell,  and  William  Duane,  publisher  of  the 
Aurora,  for  various  publications  and  utterances.2 

In  July,  1806,  the  Governor  appointed  Dr.  George  Bu 
chanan,  of  Baltimore,  his  son-in-law,  lazaretto  physician.  Dr. 
Buchanan  had  for  seventeen  years  been  a  citizen  and  resident 
of  Baltimore.,  not  arriving  in  Pennsylvania  until  just  before  the 
appointment  was  made.  This  appointment  created  some  stir  ; 
and  the  Aurora,  under  the  title  of  "The  Royal  Family  ,"  gave 
the  following  list  of  persons  connected  by  blood  or  marriage 
with  the  family  of  the  Governor,  who  held  office  in  the  State  : 

Thomas  McKean,  Governor. 

Joseph  B.  McKean,  son,  Attorney-General. 

Thomas  McKean,  Jr.,  son,  Private  Secretary. 

Thomas  McKean  Thompson,  nephew,  Secretary  of  Common 
wealth. 

Andrew  Pettit,  son-in-law,  Flour  Inspector. 

Andrew  Bayard,  brother-in-law  to  Pettit,  Auctioneer. 

Dr.  George  Buchanan,  son-in-law,  Lazaretto  Physician. 

William  McKennan,  brother  in  law  of  T.  McKean  Thompson, 
Prothonotary  of  Washington  county. 

Andrew  Henderson,  cousin  to  the  Governor,  Prothonotary 
of  Huntingdon  county. 

William  Henderson,  cousin  to  the  Governor,  Brigade  In 
spector  of  Huntingdon  county. 

John  Huested,  father-in-law  of  T.  McKean  Thompson,  clerk 
in  the  Comptroller  General's  office. 

Joseph  Reed,  a  near  relative  to  Pettit  and  Bayard,  Pro 
thonotary  of  the  Supreme  Court. 

[The  term  "connected  by  blood  or  marriage,"  is  consider 
ably  stretched  to  make  up  the  above  list.  Besides  the  Gover 
nor,  only  three  are  near  relations  and  two  connections.] 


.  Handbook  of  Pa.,  Cochran,  1889,  p.  398;  Scharf  and  Westcott,  i., 
519.  See  also  Randall's  Thomas  Jefferson,  iii.,  135;  Hildrith's  United  States, 
v.  556. 

2  Scharf  and  Westcott,  i.,  520. 


98  MoKEAN   FAMILY. 

Even  before  the  list  was  published,  the  Aurora  was  being 
sued  by  the  Governor  on  three  libel  cases,  and  by  the  Marquis 
de  Casa  Yrujo,  another  son-in-law,  on  three  more  charges. 
Before  the  close  of  July,  Duane  was  the  defendant  in  sixty  or 
seventy  libel  suits;  and  kept  the  staid  old  city  in  a  turmoil, 
wondering  what  he  would  publish  next.1 

Governor  McKean  continued  to  make  many  removals  from 
office,  and  his  appointment  of  William  Tilghman,  a  federalist, 
as  already  related  on  a  previous  page,  gave  offense  to  many  of 
his  own  party.  In  April  he  added  to  the  quarrel  by  attending 
a  dinner  of  the  St.  George's  Society,  where  the  health  of  the 
king  was  drunk.  About  this  time  (November),  the  grand 
jury  of  the  mayor's  court  indicted  Duane  for  publishing  a  toast 
given  at  a  celebration,  u  General  Arnold  and  Governor  Mc 
Kean,  both  beans  of  one  kidney." 

In  the  beginning  of  1807,  politics  continued  to  agitate  the 
state  with  undiminished  activity.  The  virulence  of  the  oppo 
sition  to  General  McKean  took  every  conceivable  shape.  Rep 
resentatives  Leib  and  Engle  desired  a  committee  to  investigate 
his  conduct,  but  the  motion  was  lost.  On  the  19th  of  March, 
Governor  McKean,  through  Joseph  B.  McKean,  Attorney- 
General,  tried  to  have  Michael  Leib  and  William  Duane  ar 
rested  for  conspiracy,  but  the  Supreme  Court  refused  the 
warrant.  In  May,  Thomas  McKean,  Jr.,  who  the  previous 
autumn  had  challenged  Dr.  Leib,  was  arrested,  and  in  October 
the  grand  jury  found  indictments  against  both  McKean  and  his 
second,  Major  Dennis.2 

Dr.  Michael  Leib,  mentioned  above,  had  been  a  member  of 
Congress,  but  resigned  his  seat  there,  especially  to  put  himself 
at  the  head  of  his  party  in  the  Pennsylvania  Assembly,  and 
oppose  Governor  McKean.3 

It  is  probable  that  no  public  man  in  this  country,  excepting 
Washington,  so  deeply  involved  in  public  affairs  as  Governor 
McKean,  has  ever  kept  himself  free  from  some  portion  of 
political  intemperance,  some  manifestation  of  party  passion  and 
prejudice.  On  the  other  hand,  personal  feelings  of  hope  or 
disappointment,  doubtless  created  for  Governor  McKean  many 
enemies.  Yet  during  the  whole  constitutional  period  of  nine 
years,  the  majority  of  the  people  were  with  him ;  and  at 
the  present  day,  when  the  party  asperities  and  bickerings  of 

Ubid.,  i.,  526. 

2  Ibid.,  i.,  527-9. 

'Hildrith's  United  States,  v.,  666. 


THOMAS   McKEAN.  99 

the  times  are  in  some  measure  forgotten,  it  cannot  be  denied 
that  his  administration  was  marked  by  uncommon  ability,  and 
with  great  benefit  to  the  State.1  Nevertheless,  party  asperi 
ties  rose  to  such  a  height,  that  early  in  this  year  1807,  the 
federalists,  led  on  by  a  few  radicals,  made  an  unsuccessful  at 
tempt  to  impeach  Governor  McKean.  The  charges  were  how 
ever  chiefly  allegations  of  political  offenses  ;2  and  their  frivolity 
and  weakness  may  be  seen  by  a  perusal  of  them  in  the  report 
of  the  committee  to  whom  the  matter  was  referred. 

The  proceedings  commenced  on  the  30th  of  January,  1807, 
by  Dr.  Michael  Leib,  offering  a  resolution  that  a  committee  be 
appointed  to  inquire  whether  the  official  conduct  of  the  Gov 
ernor  be  such  as  to  require  the  interposition  of  the  House. 
This  resolution,  slightly  modified,  was  adopted  March  3d.  In 
furtherance  of  this  scheme,  various  petitions  from  citizens  po 
litically  opposed  to  Governor  McKean,  were  about  this  time 
presented  to  the  house,  and  on  the  2d  of  March  the  matter  was 
referred  to  a  committee  consisting  of  Dr.  Leib,  Messrs.  Lowry, 
Kerr,  Lacock  and  Shewell.  Mr.  Huston  was  subsequently  ap 
pointed  in  place  of  Mr.  Lowry,  who  had  received  leave  of 
absence.  On  Monday,  the  30th  of  March,  the  committee  sub 
mitted  a  report,  containing  the  following  charges,  with  specifi 
cations  to  each: 

"  I.  That  the  governor  did  prerneditatedly,  wantonly,  unjustly, 
and  contrary  to  the  true  intent  and  meaning  of  the  constitution, 
render  void  the  late  election,  (in  1806,)  of  a  sheriff  in  the  county 
of  Philadelphia. 

u  II.  That  he  usurped  a  judicial  authority,  in  issuing  a  warrant 
for  the  arrest  and  imprisonment  of  Joseph  Cabrera ;  and  inter 
fered  in  favor  of  a  convict  for  forgery,  in  defiance  of  the  law,  and 
contrary  to  the  wholesome  regulations  of  the  prison  in  Philadel 
phia,  and  the  safety  of  the  citizens. 

"  III.  That,  contrary  to  the  true  intent  and  meaning  of  the 
constitution,  and  in  violation  of  it,  did  he  appoint  Dr.  George 
Buchanan,  lazaretto  physician  of  the  port  of  Philadelphia. 

"IV.  That,  under  a  precedent,  acknowledged  to  have  been 
derived  from  the  king  of  Great  Britain,  and  contrary  to  the  ex 
press  letter  of  the  constitution,  did  he  suffer  his  name  to  be 
stamped  upon  blank  patents,  warrants  on  the  treasury,  and  other 
public  official  papers,  and  that  too  out  of  his  presence. 

"V.  That,  contrary  to  law,  did  he  supersede  Dr.  James  Reyn 
olds,  as  a  member  of  the  board  of  health." 

1  Sanderson's  Lives.     Written  about  1820. 

2  Armor's  Lives  Govs.  Penn. 


100  McKEAN   FAMILY. 

"  VI.  That,  contrary  to  the  obligation  of  duly,  and  the  in 
junctions  of  the  constitution,  did  he  offer  and  authorize  overtures 
to  be  made  to  discontinue  two  actions  of  the  commonwealth 
against  William  Duane  and  his  surety,  for  an  alleged  forfeiture  of 
two  recognizances  of  one  thousand  dollars  each,  on  condition  that 
William  Duane  would  discontinue  civil  action  against  his  son, 
Joseph  B.  McKean,  and  others,  for  a  murderous  assault  committed 
by  Joseph  B.  McKean  and  others  on  William  Duane." 

Accompanying  the  report  was  a  resolution  that  Governor 
McKean  be  impeached  for  high  crimes  and  misdemeanors. 
The  report  is  partly  quoted  in  Sanderson's  Lives,  in  order  to 
show  its  strong  partisan  character.  It  states  that  "  the  rights 
of  the  people  of  the  city  and  county  of  Philadelphia  have  been 
grossly  trifled  with "  by  the  Governor  in  rendering  void  the 
election  for  sheriff;  that  Dr.  George  Buchanan  was  appointed 
lazaretto  physician  while  he  was  a  resident  of  Baltimore  ;  but 
for  want  of  space  we  must  forego  further  quotations. 

On  the  report  of  the  committee,  the  second  reading  was 
postponed  until  Thursday  ;  nothing  however  appears  in  the 
journal  on  that  day,  but  on  Tuesday  April  7,  the  motion  for  a 
second  reading  was  debated,  as  also  on  the  8th  and  9th,  but 
could  not  be  carried,  and  on  the  latter  day  the  subject  was 
postponed  for  the  early  consideration  of  the  next  house.1 

In  the  fall  of  the  year,  says  Scharf  and  Westcott,  "the 
stubborn  and  aristocratic  old  Governor  McKean,  as  soon  as  the 
legislature  assembled,  was  greatly  assailed  by  his  enemies."2 
The  impeachment  resolution  of  the  last  house  came  up  as 
unfinished  business,  December  7,  six  days  after  the  legislature 
met.  The  next  day  Mr.  John  Sergeant  seconded  by  Mr. 
Biddle  (both  members  from  Philadelphia,)  moved  to  postpone 
the  further  consideration  thereof  until  the  second  Monday  in 
January,  1808;  lost  by  a  vote  of  42  to  42.  Mr.  Lacock, 
seconded  by  Mr.  Jennings,  then  moved  to  refer  the  matter  to 
a  select  committee,  which  was  lost  by  the  same  vote.  On 
Friday,  January  15th,  1808,  Mr.  Shewell  seconded  by  Mr. 
Hulme,  moved  to  consider  the  matter,  but  the  motion  was  lost 
by  a  vote  of  43  to  43.  On  Wednesday  the  27th  of  January, 
Mr.  Shewell  seconded  by  Mr.  Tarr,  renewed  his  motion  to  con 
sider  the  resoultion,  which  then  prevailed  by  a  vote  of  44  to 
41.  It  should  be  observed  that  these  motions  proceeded  from 
the  party  friendly  to  Governor  McKean,  who  were  anxious  to 
determine  the  validity  of  the  charges. 

Journals  of  the  llth  H.  R.  of  Penn.,  Lancaster,  1806. 
3i..  532-3. 


THOMAS   McKEAN.  101 

The  resolution  was  now  fairly  before  the  house,  and  on 
motion  of  Mr.  Porter,  seconded  by  Mr.  Shewell,  the  further 
consideration  of  the  subject  was  indefinitely  postponed  by  a 
vote  of  44  to  41 ;  which  finally  disposed  of  the  whole  matter.1 

It  may  be  added  that  every  member  from  the  city  of  Phila 
delphia,  whose  rights  were  said  to  be  particularly  infringed, 
voted  for  the  governor, namely :  Messrs.  Sergeant,  Clawges,  Sr., 
Hare  and  Cope  (subsequently  elected  in  place  of  Samuel  Car 
ver,  deceased  before  taking  his  seat). 

On  the  next  day,  the  28th,  the  Secretary  of  the  Common 
wealth,  Thomas  McKean  Thompson,  appeared  before  the 
house,  and  presented  a  replication  from  the  Governor,  dated 
Lancaster,  January  28, 1808,  in  relation  to  the  charges  against 
him.  Mr.  Sergeant,  seconded  by  Mr.  Ingham,  moved  that 
the  message  be  inserted  at  large  upon  the  journal ;  whereupon 
a  spirited  debate  arose,  but  the  motion  finally  prevailed  by  a 
vote  of  43  to  42.  Mr.  Leib  then  moved  that  the  report  of  the 
committee,  with  all  the  accompanying  papers,  be  also  inserted 
in  the  Journal,  which  was  agreed  to  by  a  vote  of  78  to  7.2 

The  papers  upon  both  sides,  here  entered  upon  the  Journal, 
are  very  voluminous.  The  testimony  before  the  committee 
is  given  in  full :  Thomas  McKean  Thompson,  Secretary  of  the 
Commonwealth,  testified  that  the  order  making  void  the  elec 
tion  of  sheriff  was  not  signed  by  the  Governor,  but  was 
stamped  in  his  presence  ;  he  was  then  unable  to  hold  a  pen  in 
his  hand ;  that  he  had  been  confined  to  his  bed  for  five  weeks, 
that  he  was  at  times  in  great  pain,  and  unable  to  sit  up  in  bed 
or  to  use  his  hands  ;  but  his  mind  was  sound.  That  his  name 
was  stamped  on  public  papers  in  his  presence,  but  never  out 
of  it. 

Dr.  George  Buchanan  testified  that  he  was  a  resident  of 
Maryland  until  he  arrived  in  Pennsylvania ;  and  received  his 

1  The  following  voted  aye  in  favor  of  Governor  McKean :  George  Acker. 
Paul  Appel,  William  Barnet,  Nathaniel  Beach,  Samuel  Bethel,  William  Si 
Biddle,  Valentine  Brobst,  John  Clawges,  Sr.,  Thomas  P.  Cope,  Isaac  Dar 
lington,  Jacob  Eichelberger,  Josiah  Espy,  George  Evans,  Robert  Gemmill, 
James  Gettys,  Jacob  Gisch  (Gish),  Charles  W.  Hare,  John  Hulme,  Samuel 
D.  Ingham  (afterwards  Secretary  of  Treasury  under  Pres.  Jackson),  Daniel 
loder  (Joder),  James  Kelton,  Bernard  Kepner,  Jacob  Kimmell,  John  Lo- 
bingier,  Benj.  Martin,  Robert  Maxwell,  John  McClellan,  James  McComb, 
James  McSherry,  Charles  Miner,  William  Pennock,  Charles  Porter,  William 
Ramsey,  Abraham  Rinker,  Daniel  Rose,  George  Savitz,  John  Sergeant,  Jacob 
Shaeffer,  Conrad  Sherman,  Nathaniel  Shewell,  Charles  Smith  (Lancaster 
Co.),  William  Trimble,  William  Worthington,  John  Wright — 44. 

^Journals  18th  H.  R.  Penn.,  Lancaster,  1807.     See  also  Sanderson's  Lives. 


102  McKEAN   FAMILY. 

commission  as  Lazaretto  Physician  the  day  after  he  arrived  ; 
that  he  was  a  candidate  for  Congress  from  Maryland  in  180-3-4. 
The  Governor's  physicians  testified  that  they  were  first 
called  to  attend  the  Governor  January  20th,  that  he  had  some 
fever,  and  a  gouty  affection,  but  no  delirium.1 

The  Replication  of  the  Governor  commences  as  follows : 

"  A  long  and  dangerous  illness,  the  sympathy  of  friends,  and 
the  advice  of  physicians,  deprived  me  of  an  opportunity  to  peruse 
the  journal,  or  to  have  the  least  knowledge  of  the  proceedings  in 
relation  to  an  impeachment  of  my  official  conduct,  for  more  than 
a  month  after  the  termination  of  the  last  session  of  the  General 
Assembly.  And  since  that  period,  a  proper  respect  for  the  exer 
cise  of  constitutional  powers  has  restrained  every  disposition  on 
my  part,  to  answer  the  charges  which  have  been  exhibited  against 
me,  while  those  charges  continued  a  subject  of  deliberation.  But 
the  delicacy  which  has  recognized  your  constitutional  jurisdiction, 
must  not  be  allowed  to  absorb  every  consideration  that  is  due  to 
my  own  fame,  to  the  feelings  of  my  family,  and  to  the  opinion  of 
the  world. 

"The  accusation,  though  not  confirmed  by  the  ultimate  vote  of 
the  house,  has  been  deliberately  framed,  has  been  openly  discussed, 
and  will  pass  among  the  legislative  records,  into  the  hands  of  our 
constituents,  and  our  posterity,  with  all  its  concomitant  semblance 
of  proof,  and  asperity  of  animadversion.  The  decision  that  ex 
presses  your  renunciation  of  the  impeachment,  affects  me  indeed, 
with  its  justice  and  its  independence  ;  but  it  is  a  decision  which 
precludes  the  employment  of  the  regular  means  of  defence  before 
•a  proper  tribunal ;  and  therefore  compels  me,  for  the  purpose  of 
vindication,  to  claim  a  page  in  the  same  volume,  that  serves  to 
perpetuate  against  me,  the  imputation  of  official  crimes  and  mis 
demeanors. 

"  It  is  incompatible,  gentlemen,  with  my  view  of  the  solemnity 
of  the  occasion,  to  descend  to  the  language  of  invective  or  com 
plaint.  By  exposing  the  depravity  of  other  men,  I  should  do 
little  to  demonstrate  my  own  innocence;  and  an  expression  of  sen 
sibility  at  any  personal  indignity  that  has  been  inflicted,  might  be 
construed  into  an  encroachment  upon  the  freedom  of  legislative 
debate.  But  the  tenor  of  my  public  and  private  life,  will  I  hope 
be  sufficient  to  repel  every  vague  and  declamatory  aspersion. 
The  discernment  of  our  constituents  will  readily  detect  any  latent 
motive  of  hatred  and  malice.  The  justice  of  the  Legislature  up 
holds  an  ample  shield  against  the  spirit  of  persecution  ;  and  the 
conscious  rectitude  of  my  own  mind  will  yield  a  lasting  consola 
tion,  amidst  all  the  vicissitudes  of  popular  favor  and  applause.*  * 

ljournals,  etc. 


THOMAS  McKEAN.  103 

"  That  I  may  have  erred  in  judgment,  that  I  may  have  been 
mistaken  in  my  general  views  of  public  policy,  and  that  I  may 
have  been  deceived  by  the  objects  of  executive  confidence,  or 
benevolence,  I  am  not  so  vain  nor  so  credulous  as  to  deny;  though 
in  the  present  instance,  I  am  still  without  the  proof  and  without 
the  belief:  but  the  firm  and  fearless  position  which  I  take,  in 
vites  the  strictest  scrutiny,  upon  a  fair  exposition  of  our  constitu 
tion  and  laws,  into  the  sincerity  and  truth  of  the  general  answer 
given  to  my  accusers,  that  no  act  of  my  public  life  was  ever  done 
from  a  corrupt  motive ;  nor  without  a  deliberate  opinion  that  the  act 
was  lawful  and  proper  in  itself'."1 

Governor  McKean  then  proceeds  in  a  circumstantial  and 
irrefutable  manner,  separately  to  repel  the  charges  of  the 
committee ;  and  triumphantly  to  vindicate  his  character  in 
every  particular,  from  the  aspersions  with  which  it  had  been 
assailed. 

His  refutation  of  the  charges  is  briefly  as  follows : 

I.  The  election  for  sheriff  was  made  void  under  the  act  of 
the  Assembly  of  February  15,  1790,  "That  the  Governor 
shall  be  a  competent  judge  of  the  election  of  every  person  who 
shall  be  returned  to  serve  as  sheriff  or  coroner ;  and  for  that 
purpose  may  send  for  papers,  persons  or  records."  The  in 
vestigation  was  intrusted  to  a  committee  of  seven  persons,  of 
whom  Joseph  Reed  was  chairman.  The  committee  examined 
witnesses  and  reported  a  list  of  "  96  bad  votes  "  cast,  which 
they  threw  out  for  various  reasons  ; — illegal  voting,  not  of  age, 
not  naturalized,  voted  in  the  wrong  precinct,  etc.  If  this 
number  should  be  deducted  from  Wolbert  who  had  3905  votes, 
then  Lawler  who  had  3846  would  have  been  elected.  It  could 
not  be  ascertained  for  whom  the  votes  were  cast.  Hence  the 
doubt  who  was  elected,  and  the  Governor  issued  a  proclama 
tion  to  this  effect,  declaring  the  election  void,  and  that  the 
present  sheriff  holds  over  until  the  next  election. 

Wolbert,  accompanied  by  General  Barker ;  called  upon  the 
Governor  to  obtain  his  commission.  The  Governor  refused  to 
see  them  ;  and  states  in  his  replication,  as  follows  :  "It  has 
also  been  developed  upon  the  oath  of  General  Barker,  that  an 
attempt  was  then  to  be  made  to  obtain  a  commission  for  Mr. 
Wolbert,  by  offers  of  favor,  or  menaces  of  vengeance  ;  by 
giving  the  Governor  the  option  of  'the  sword  or  the  olive 
branch ;'  and  by  a  denunciation,  (which  General  Barker 
swears  came  from  the  tongue  of  Dr.  Michael  Leib  the  chair- 

1  As  quoted  in  Sanderson's  Lives. 


104  McKEAN   FAMILY. 

man  of  the  committee  of  impeachment,  and  similar  menaces 
of  assassination  were  contained  in  anonymous  letters  received 
through  the  post-office,)  *  that  if  the  old  scoundrel,  or  old 
rascal,  did  not  acceed  to  the  proposal,  he  would  pursue  him  to 
the  grave.' ' 

II.  Joseph  Cabrera  was  imprisoned  upon  the  request  of  the 
Spanish  Minister.     The  minister  has  a  right  to  imprison  a 
member  of  the  legation  in  his  own  domicile,  and  has  power  to 
send  him  home  for  trial.     He  also  has  an  unquestionable  claim 
upon  the  government  to  guard  his  prisoner  ;  this  is  then  re 
garded  not  as  judicial,  but  an  executive  recognizance.     More 
over,  at  the  trial,  Cabrera  waived  his  diplomatic  privileges. 
As  to  the  second  part  of  the  charge,  after  his  conviction,  the 
Governor  says  a  power  to  grant  pardon  and   reprieve  of  the 
whole  sentence,  naturally  includes  the  power  to  pardon  any 
part  of  it ;  and  this  was  done  also  at  the  request  of  the  min 
ister. 

III.  Dr.  Buchanan's  appointment.     Under  the  constitution 
certain  offices  must  be  filled  by  residents  of  the  county  in 
which   the  office  is  located;  but  this  does  not  apply  to  the 
office  of  Secretary  of  the  Commonwealth,  Secretary,  Receiver 
General,  etc.,  because  then  all  the  counties  in  the  state  would 
not  have   equal  rights.     The   Lazaretto    Physician    is  not   a 
county  officer,  but  an  officer  of  the  port  of  Philadelphia,  his 
office  being  a  department  of  the  board  of  health,  and  since  the 
office  was  created,  there  is  no  instance  of  a  resident  of  the 
county  in  which  it  is  located,  having  filled  it.     Dr.  Buchanan 
is  not  an  alien,  but  a  citizen  of  the  United  States. 

IV.  The  law  requires  the  Governor  to  sign,  but  does  not 
specify  the  kind  of  signature.     A  cross  is  a  valid  signature, 
and  in  case  of  the  loss  of  both  hands  it  is  hard  to  imagine  how 
a  person  could  sign,  if  restructed  to  writing   his  name.     He 
also  adds,  "  Although  the  Governor  did  not  always  affix  the 
signature  to  official   papers  with  his  own  hand,  it  was  never 
affixed  without  his  express  order." 

V.  Dr.    Reynolds    was    removed    for    intemperance    and 
violence  ;  he  struck  a  member  of  the  board  of  health,  which 
act  was  complained  of  to  the  Governor,  who  counselled  a  delay ; 
but  on  the  offense  being  repeated,  the  other  members  of  the 
board  resigned,  whereupon  the  Governor  at  once  removed  Dr. 
Reynolds.     The  act  of  the  legislature,  directs  that  members  of 
the  board  of  health  should  hold  office  for  one  year ;  but  this 
was  not  meant  to  enlarge  the  tenure  but  to  limit  it,  for  the 


THOMAS  McKEAN.  105 

legislature  provided  for  cases  of  death,  sickness,  removal,  etc., 
which  implies  power  of  the  Governor  to  remove. 

VI.  This  charge  is  based  upon  overtures  made  by  Messrs. 
Ingersoll,  Dallas,  Muhlenberg,  and  Dickerson,  but  they  have 
expressly  declared  in  writing,  that  they  were  unauthorized  by 
the  Governor  to  make  overtures.  The  Governor  states  the 
facts  of  the  quarrel  briefly  as  follows :  The  troops  of  light 
horse  was  engaged  in  suppressing  a  disturbance  in  Berks 
and  Northampton  counties  ;  and  the  Aurora  charged  that  they 
"  lived  at  free  quarters."  The  officers  called  for  a  retraction, 
an  altercation  ensued,  and  they  chastised  the  editor.1 

Thus  did  Governor  McKean  refute  the  charges  made  against 
him.  He  had  however  to  contend,  not  only  against  the  osten 
sible  charges,  but  also  against  the  vindictiveness  and  malignancy 
of  the  radical  members  of  the  committee.  The  charge  that  the 
Governor  imprisoned  Cabrera,  and  then  allowed  him  privileges 
after  conviction  ;—  that  is,  complaining  of  what  the  Governor 
did  against  him,  as  well  as  what  he  did  in  his  favor,  savors 
more  of  opposition  to  the  Governor  than  solicitude  for  Cabrera's 
welfare.  The  animus  of  the  mover  of  these  proceedings,  Dr. 
Leib,  is  shown  in  the  testimony  of  John  Barker  before  the 
committee,  Dr.  Leib  being  present: 

"  The  Dr.  [Leib]  then  arrested  my  attention  by  calling  me 
general,  and  told  me  to  remember,  general,  we  offer  him  the 
sword  or  the  olive  branch,  let  him  take  his  choice.  I  did  not 
consider  this  to  be  secrets.  I  looked  upon  myself  as  a  kind  of 
ambassador.  After  the  Dr.  gave  me  this  last  instruction,  he  ex 
claimed  with  some  warmth,  That  if  the  old  scoundrel  or  old  rascal 
did  not  accede  to  these  proposals,  he  would  pursue  him  to  the 
grave."2 

To  the  Sixth  Charge,  it  is  related  in  Hildrith's  History,  that 
Governor  McKean  retorted  by  having  Leib,  Duane,  and  others 
indicted  for  conspiracy  to  corrupt  and  overawe  him.3 

Governor  McKean's  replication  comprehends  a  very  learned 
and  masterly  disquisition;  defining  in  a  most  lucid  manner 
the  powers  and  duties  of  the  several  branches  of  the  govern 
ment,  legislative,  judicial  and  executive ;  and  expounding 
clearly  impeachable  offences.  And  upon  repeated  references 
to  it,  it  has  been  found  to  bear  the  cautious  scrutiny  of  unim- 
passioned  judgment,  and  to  furnish  a  clear,  safe,  and  useful 

1  Journals  18th  H.  R.  Penn. 

2  Journals  ISth  H.  R.  Penn.,  1807,  p.  349. 
*ffi*t.  U.  S..  vi.,  67. 


106  McKEAN   FAMILY. 

guide  in  the  elucidation  of  cases  involving  points  similar  to 
those  which  he  professes  to  discuss.  It  is  regarded  with  great 
favor  by  professional  men,  and  is  quoted  as  authority  upon  the 
questions  of  which  it  treats.1 

Thus  terminated  a  transaction,  which  through  the  baleful 
and  exterminating  spirit  of  party,  threatened  to  overshadow 
the  closing  career  of  a  patriot,  whose  life,  during  half  a  cen 
tury,  had  been  devoted  to  the  public  service.2 

CLOSE  OF  HIS  TERM  OF  OFFICE— RETIRES   TO  PRIVATE  LIFE. 

Governor  McKean  had  now  served  as  the  executive  of  Penn 
sylvania  for  nine  years,  through  three  terms  of  office ;  his 
services  must  necessarily  be  brought  to  a  close  by  constitu 
tional  limitation.  The  impeachment  proceedings,  the  strongest 
card  played  by  his  enemies,  having  signally  failed,  further 
asperities  were  suspended  ;  and  in .  the  following  fall,  Simon 
Snyder  was  nominated  against  Ross,  Governor  McKean's  first 
competitor.  Snyder  was  elected,  and  assumed  the  executive 
chair  December  20, 1808.  The  same  party  was  yet  in  power; 
and  Leib  and  Duane,  leaders  of  the  same  faction,  still  kept  up 
their  abuse.  After  the  campaign  closed,  Duane  of  the  Aurora 
was  again  pelted  with  lawsuits  ;  John  Binns  one  of  this  faction 
published  an  article  in  which  he  said  "under  McKean  the 
legislature  was  bullied  and  abused  ;  under  Snyder  it  was  cau- 
cussed  and  corrupted."3  It  is  here  gratifying  to  find  in  the 
writings  of  Ids  enemies,  that  which  redounds  to  his  credit ;  he 
may  have  "  bullied"  or  "  abused,"  but  he  never  "corrupted" 
the  legislature.  This  statement  and  the  inference  to  be  drawn 
from  it  comes  opportunely,  not  long  after  Governor  McKean's 
statement  in  his  Replication ;  that  no  act  of  his  public  life  was 
ever  done  from  a  corrupt  motive. 

At  the  end  of  his  term  of  office,  Governor  McKean  retired 
to  private  life,  having  been  before  the  public  continuously,  and 
in  many  of  the  highest  offices  for  forty -six  years.  He  was  at 
the  time  of  his  retirement  nearly  seventy -five  years  of  age  ; 
but  his  vigor  was  not  diminished  by  his  years. 

"For    nine    successive    years,"    says   a   contemporary,4   "  he 

1  W.  H.  Egle,  Hist.  Penn.,  i.,  235  ;  and  Sanderson's  Lives. 
3  Sanderson's  Lives. 

'Scharf  and  Westcott,  i.,  533-45.  See  Duane's  obituary  on  a  subsequent 
page. 

*L.  Carroll  Judson,  of  the  Philadelphia  bar,  Biog.  of  Signers,  1839. 


THOMAS   MoKEAN.  107 

wielded  the  destines  of  the  land  of  Pennsylvania,  commencing  at 
a  period  when  the  mountain  waves  of  party  spirit  were  rolling 
over  the  United  States,  with  a  fury  before  unknown.  But  amid 
the  foaming  and  conflicting  elements,  Governor  McKean  stood  at 
the  helm  of  state,  calm  as  a  summer  morning,  firm  as  a  mountain 
of  granite,  and  guided  his  noble  ship  through  the  raging  storm, 
unscathed  and  unharmed.  His  annual  messages  to  the  legisla 
ture,  for  elegance  and  force  of  language,  correct  and  liberal  views 
of  policy,  and  a  luminous  exposition  of  law  and  rules  of  govern 
ment,  stand  unrivalled,  and  unsurpassed.  The  clamour  of  his 
political  enemies,  he  passed  by  as  the  rdle  wind  ;  the  suggestions 
of  his  friends,  he  scanned  with  the  most  rigid  scrutiny.  Neither 
flattery  nor  censure  could  drive  him  from  the  strong  citadel  of  his 
own  matured  judgment.  The  good  of  his  country,  and  the  glory 
of  the  American  character,  formed  the  grand  basis  of  his  actions. 
"  His  administration  was  prosperous  and  enlightened,  and  when 
he  closed  his  political  duties,  the  bitterness  of  his  political  op 
ponents  was  lost  in  the  admiration  of  his  patriotism,  virtue,  im 
partiality,  consistency,  and  candor."  / 

Says  another  writer: 

Perhaps  no  man  attracted  so  much  homage  from  the  crowd  as 
Governor  McKean,  not  only  as  Delegate  in  Congress,  and  Chief 
Justice,  but  especially  in  his  old  age.  He  was  one  of  that  old 
stock  of  Pennsylvanians,  of  abnormal  size  and  strength  in  both 
mind  and  body.  He  was  tall  and  stately — over  six  feet  in  height; 
and  even  in  later  years,  notwithstanding  his  great  age,  an  erect 
person.  He  usually  wore  a  cocked  hat,  carried  a  gold-headed 
cane  ;  and  walked,  even  to  the  close  of  his  life,  though  with  a 
somewhat  tottered  step,  with  great  apparent  dignity  and  pride. 
As  is  known,  he  was  one  of  the  Signers  of  the  Declaration  of 
Independence,  and  if  we  may  use  the  phrase,  which  we  do  in  all 
respect  and  kindness,  he  was  an  actual  impersonification — a  prac 
tical  living,  walking  emblem,  and  memento,  of  that  Declaration. 
Apparently  the  two  proudest  men  the  city  ever  beheld — and  sure 
they  had  much  to  be  proud  of — were  our  present  venerable  sub 
ject,  and  his  son-in-law,  the  Marquis  de  Casa  Yrujo,  the  am 
bassador  from  Spain.1 

FEARS  OF  A  BRITISH  INVASION— PRESIDES  AT  A  TOWN 

MEETING,   1814. 

During  the  last  war  with  England,  Philadelphia  was  startled 
by  the  news  that  a  British  army  was  on  our  shores.  The  city 
was  wholly  unprepared  for  any  defence  ;  and  a  number  of  the 

1  David  Paul  Brown,  The  Forum,  i.,  346.     See  also  Harp.  Mag.,  Hi.,  871. 


108  McKEAN    FAMILY. 

most  influential  citizens  met  and  at  once  issued  a  call  for  a 
town-meeting  on  the  morning  of  August  26th.  Washington 
had  been  captured  the  day  before,  but  the  fact  was  not  known 
at  that  time.  The  meeting  convened  in  the  State  House 
square.  Ex-Governor  McKean  had  been  particularly  desired 
to  attend,  and  on  his  appearing  once  more  among  his  country 
men  on  a  public  occasion,  he  was  greeted  with  profound  respect 
and  attention  ;  and  was  unanimously  called  to  take  the  chair. 

He  was  at  this  time  eighty  years  of  age.  Joseph  Reed, 
another  patriot  of  the  revolution,  was  made  secretary.  Never 
since  the  revolutionary  period,  had  a  public  meeting  been 
held  in  Philadelphia  on  so  momentous  a  business  ;  and  never 
since  the  same  period,  had  an  occasion  existed,  which  de 
manded  more  promptness  and  decision  of  action.  No  noisy 
demagogues  attempted  to  control  its  operations,  or  to  create 
excitement  by  inflammatory  harangues.  The  venerable  chair 
man  alone  addressed  it,  and  in  a  few  brief  sentences,  delivered 
with  the  dignity  and  emphasis  of  former  days,  touched  the 
spirit  that  needed  only  to  be  awakened.  His  speech  made  a 
deep  impression,  and  was  recognized  as  coming  from  a  patriot 
and  a  sage.  The  meeting,  without  waste  of  time,  and  without 
useless  discussion,  took  the  measures  which  the  crisis  de 
manded  ;  and  the  city  was  in  a  short  time  placed  in  a  con 
dition  to  repel  the  attack  of  any  force  which  the  enemy  could 
then  bring  against  it.1 

The  "  Committee  of  Defense,  1814,"  appointed  by  this 
meeting,  consisted  of  the  officers  of  the  meeting,  prominent 
movers,  and  a  number  of  other  citizens.2 

HONORARY   DEGREES,   DIPLOMAS,  HONORS,  ETC. 

Governor  McKean  received  the  honorary  degree  of  A.  M. 
from  the  University  of  Pennsylvania,  in  1763  ;  and  LL.  D. 
from  the  College  of  New  Jersey,  in  1781,  September  26  ;  and 
from  Dartmouth  College,  New  Hampshire,  in  1782 ;  and  from 
the  University  of  Pennsylvania,  in  1785.  He  was  a  Trustee 
ot  the  University  of  Pennsylvania,  in  1779,  under  the  Uni 
versity  Charter;  and  in  1791,  November  18th,  at  the  Union.3 

1  Sanderson's  Lives  /  see  also  National  Portraits,  vol.  for  1839  ;  and  Scharf 
and  Westcott,  i.,  571. 

2  The  names  may  be  found  in  Scharf  and  Westcott,  Hist.,  iii.,  1769  ;  and 
in  John  Hill  Martin's  Bench  and  Bar  of  Phila.    The  Minutes  of  the  Committee 
of  Defence  were  published  in  the  Memoirs  of  the  Historical  Society  of  Penn 
sylvania,  18Q7,  vol.  8. 

'College  Catalogues,  Univ.  Penn.  Catalogue,  1880. 


THOMAS  McKEAN.  109 

Governor  McKean  was  elected  a  member  of  the  Philadelphia 
Society  for  the  Promotion  of  Agriculture,  May  2d,  1785. l  It 
was  instituted  February  11,  1785. 

October  31,  .1785,  he  received  his  diploma  of  the  Society  of 
the  Cincinnati,  instituted  by  officers  of  the  American  Army, 
at  the  close  of  the  Revolution.2  He  subsequently  became 
Vice-President  of  the  Pennsylvania  State  Society.  The  au 
thor  has  been  unsuccessful  in  finding  any  lists  of  the  Penn 
sylvania  Society,  containing  Governor  McKean's  name.  In 
the  Department  of  State  at  Washington  however,  is  a  letter 
of  Thomas  McKean  and  others,  dated  Philadelphia,  March 
6,  1787,  addressed  to  General  Washington,  in  reply  to  his 
circular  letter  of  October  31st,  declining  to  be  re-elected  to 
the  presidency  ;  this  letter  concludes  by  expressing  regret  at 
General  Washington's  determination ;  and  states  that  his 
request  will  be  laid  before  the  meeting  of  the  state  society, 
called  for  the  26th  instant,  and  will  be  intimated  to  the  dele 
gates  to  the  general  triennial  meeting ;  it  is  signed  by  a  com 
mittee  of  the  Society,  Thomas  McKean,  W.  Jackson,  and  F. 
Mentger. 

In  1770  or  earlier,  Thomas  McKean,  of  Newcastle,  was 
elected  a  member  of  the  American  Philosophical  Society.  In 
1786  or  earlier,  while  Chief  Justice,  he  became  one  of  the 
twelve  Councillors ;  and  in  1799  as  Governor  he  became  ex- 
officio  the  Patron  of  the  Society.3 

In  1790,  while  Chief  Justice,  he  was  one  of  the  founders  of 
the  Hibernian  Society  for  the  relief  of  emigrants  from  Ireland, 
and  the  first  president. 

In  1804,  McKean  county  was  separated  from  Lycoming 
county,  Pennsylvania,  and  named  in  honor  of  Thomas  McKean, 
at  that  time  Governor.4 

McKean  street,  in  Philadelphia,  is  also  named  after  him. 

In  1786,  was  published  "  The  Lyric  Works  of  Horace"  by 
John  Parke,  with  an  appendix  containing  poems  by  John  Wil- 
cocks,  and  dedicated  to  General  Washington.  The  several 
poems  being  addressed  to  the  prominent  men  of  the  day  ;  Ode 
V,  Book  III,  as  also  the  Secular  Poem,  Carmen  Seculare, 
are  both  addressed  to  Thomas  McKean  then  Chief  Justice, 
Vice  President  of  the  Cincinnati,  and  late  President  of  Con- 

1  Sanderson's  Lives. 
2 Sanderson,  The  Forum,  etc. 
3  Transactions. 

*Egle's  Hist  Penn.;  Day's  Histor.  Collect. 
S-b 


110  McKEAN   FAMILY. 

gress.  An  Elegy  on  the  death  of  Colonel  John  Haselet  of 
Delaware  is  addressed  to  Caesar  Rodney  and  Thomas  McKean, 
members  of  Congress. 

HIS  DEATH  AND  FUNERAL. 

At  length,  loaded  with  honors,  this  venerable  patriot  arrived 
at  the  ultima  linea  rerum,  and  departed  to  "  the  generation 
of  his  fathers  "  on  the  24th  of  June,  1817,  aged  eighty-three 
years,  two  months  and  twenty-five  days.1 

In  the  United  /States  Gazette  of  the  following  day,  ap 
peared  the  notice : 

"Another  Patriot  of  '76  descended  to  the  Tomb. 

Died  yesterday,  the  24th  inst.,  Thomas  McKean,  Esq.,  formerly 
Governor  of  Pennsylvania. 

"  The  gentlemen  of  the  bar  are  requested  to  attend  the  funeral 
of  the  late  Thomas  McKean,  Esq.,  formerly  governor  of  Penn 
sylvania,  from  his  late  mansion,  south  Third  street  to-morrow 
morning  at  9  o'clock. 

"  The  Members  of  the  Society  of  the  Cincinnati  are  requested 
to  attend  the  funeral  of  the  late  Thomas  McKean,  Esq.,  formerly 
governor  of  Pennsylvania,  from  his  late  mansion,  south  Third 
street  to-morrow  morning  at  9  o'clock. 

"The  Members  of  the  Hibernian  Society  are  requested  to  at 
tend  the  funeral  of  the  late  Thomas  McKean,  Esq.,  formerly  gov 
ernor  of  Pennsylvania,  from  his  late  mansion,  south  Third  street 
to-morrow  morning  at  9  o'clock. 

"  The  Members  of  the  Philosophical  Society  are  requested  to 
attend  the  funeral  of  the  late  Thomas  McKean,  Esq.,  formerly 
governor  of  Pennsylvania,  from  his  late  mansion,  south  Third 
street  to-morrow  morning  at  9  o'clock. 

"  The  Trustees  of  the  University  of  Pennsylvania  are  re 
quested  to  attend  the  funeral  of  the  late  Thomas  McKean,  Esq., 
formerly  governor  of  Pennsylvania,  from  his  late  mansion,  south 
Third  street  to-morrow  morning  at  9  o'clock." 

In  this  paper  of  Thursday  the  26th,  appeared  a  set  of  Reso 
lutions  of  respect,  passed  by  the  Philadelphia  Bar. 

In  Poulsen's  American  Daily  Advertiser  of  the  25th  ap 
peared  a  short  notice  of  his  death  "  between  the  hours  of  two 

xNot  16  days,  as  given  in  Sanderson's  Lives.  Every  succeeding  biogra 
pher  has  copied  this  mistake.  Not  one  has  thought  of  verifying  it.  The 
difference  between  the  dates  of  birth  and  death  gives  83  years,  3  months,  5 
days ;  but  his  birth  being  given  in  old  style,  eleven  days  must  be  deducted, 
and  (adding  31  days  for  May,  the  previous  month  to  that  of  his  death,  to 
make  the  subtraction  possible,)  we  have  his  age  as  given  above. 


THOMAS  McKEAN.  Ill 

and  three  o'clock;"  followed  the  next  day,  by  a  long  obituary 
and  notice  of  his  death  similar  to  that  given  above. 

On  the  27th  appeared  a  long  editorial  notice  commencing  as 
follows : 

"  GOVERNOR  McKEAN.  The  late  THOMAS  McKEAN,  for 
merly  Chief  Justice  and  afterwards  Governor  of  Pennsylvania ; 
of  whose  political  conduct,  however  varied  may  be  the  judgment 
of  the  different  Parties  which  divide  the  State,  there  can  be  but 
one  opinion  as  to  his  regard  for  the  public  weal,  in  his  successive 
nominations  of  eminent  characters  of  different  political  senti 
ments,  to  succeed  him  in  the  judicial  chair ;  an  instance  of  patri 
otic  impartiality  so  rare  in  public  life  that  it  must  be  allowed  on 
all  hands  to.  reflect  peculiar  honor  on  his  memory.  *  *  *  *  " 

In  the  General  Advertiser  of  June  25th,  The  Aurora,  and 
still  published  by  Governor  McKean's  old  political  opponent, 
William  Duane,  pays  the  following  noble  tribute  to  his  memory: 

"  DIED — yesterday  at  three  o'clock,  Thomas  McKean,  LL.D. 
one  of  the  earliest  and  most  firm  friends  of  American  independ 
ence  ;  some  time  a  representative  in  the  Continental  Congress,  of 
which  he  was  also  president ;  many  years  Chief  Justice  of  this 
commonwealth  ;  and  closed1  his  long  and  eventful  career  by  serv 
ing  as  Governor  for  nine  years  in  this  commonwealth.  Mr.  Mc 
Kean  was  a  native  of  this  state,  of  an  old  Irish  stock,  and  de 
rived  from  his  progenitors  a  considerable  share  of  energy  and 
decision  of  character ;  in  the  most  trying  times,  of  the  revolution, 
he  was  among  those  who  never  wavered,  and  who  spurned  the 
royal  favor  offered  to  him,  preferring  to  such  honors,  and  venal 
rewards,  the  prouder  honors  of  devotion  to  his  country  and  lib 
erty.  It  is  to  his  name  due,  that  it  should  be  remembered,  that 
although  of  an  energy  not  to  be  resisted  in  a  public  station,  that 
by  his  kindness  of  heart  many  who  had  mistaken  the  path  of  true 
honor  in  forsaking  their  country  to  serve  a  tyrant  were  by  his  pri 
vate  generosity  rescued  from  public  vengeance,  and  the  inexorable 
law.  As  a  judge  it  must  be  acknowledged  that  he  gave  the  laws 
dignity  by  enforcing  them ;  his  rigor  obtained  for  him  many  ene 
mies  ;  but  time,  which  has  drawn  the  thorn  of  individual  resent 
ment,  will  do  justice  to  the  austerity  which  was  directed  as  much 
as  human  passions  can  admit,  to  equal  and  exact  justice.  In  the 
station  of  governor  he  incurred  the  same  censure ;  and  it  must  be 
confessed  deservedly:  but  the  experience  of  the  administration 
which  succeeded  his  has  interposed  a  relief,  which  by  comparison 
reduces  the  exceptionable  parts  of  Mr.  McKean's  administration 
to  the  small  sins  of  passion  or  pride.  He  was  much  better  adapted 
to  the  bench  of  justice,  than  the  executive  chair.  In  the  former 

1So  given  ungrammatically. 


112  McKEAN  FAMILY. 

he  displayed  the  severity  of  Cethegus,  and  the  probity  of  Cato  ; 
his  principles  were  strictly  republican,  but  he  held  that  education 
should  be  the  first  care  of  a  free  people,  because  there  is  no  dan 
ger  so  much  to  be  apprehended  as  ignorance.  If  he  did  not  al 
ways  direct  his  energy  against  ignorance,  in  the  proper  time  and 
manner,  it  was  the  effect,  rather  of  constitutional  warmth  than 
any  worse  passion,  as  no  man  more  sincerely  deplored  such  aber 
rations  than  himself.  He  was  in  short  a  man  devoted  to  what 
ever  he  conceived  to  be  just — a  most  faithful  citizen,  and  earnest 
friend  of  his  country,  and  its  liberty,  and  independence." 

In  the  Gentleman's  Magazine,  London  1817,  appears  a 
short  notice  of  Governor  McKean's  death. 

His  remains  were  interred  in  the  burial  ground  of  the  First 
Presbyterian  Church  in  Market  street,  Philadelphia  ;  the  only 
record  among  the  church  archives  being  in  the  book  of  inter 
ments  kept  by  an  illiterate  sexton:  "  1817,  June  26,  thomas 
McKean." 

Subsequently  the  remains  were  removed  to  the  family  vault 
of  his  grandson,  Henry  Pratt  McKean,  Esq.,  in  Laurel  Hill 
Cemetery,  Philadelphia,  over  which,  on  a  large  plain  altar 
tomb,1  is  the  following  inscription : 

McKEAN  FAMILY  VAULT. 

Beneath 
this  marble 

are 

the  remains 

of  THOMAS  McKEAN, 
one  of  the  Signers 

of  the 

Declaration  of  Independence, 

President  of  Congress  in  1781, 

Chief  Justice 

and 
Governor 

of  the 

State  of  Pennsylvania, 

Born,  March  19,  1734, 

died,  June  24,  1817. 

And  the  DESCENDANTS  of  his 

FAMILY, 


1  Mentioned  in  The  Official  Guide  JBook  ofPhila.,  Thompson  Westcott,  1875. 


THOMAS   McKEAN.  113 


HIS  LIFE  AND  CHARACTER. 

The  reader  who  has  perused  this  biography  will,  I  doubt 
not,  have  already  formed  his  own  estimate  of  Thomas 
McKean's  character.  In  the  many  extracts  already  given, 
from  the  writings  of  judges,  lawyers  and  historians, — his  con 
temporaries  and  others, — his  friends  and  opponents,  there  is 
no  conflict  of  opinion  upon  this  subject ;  and  the  general  im 
pression  left  on  the  mind  of  the  reader,  will  convey  a  far  more 
accurate  estimate  of  Thomas  McKean's  character,  than  any 
brief  summation  in  a  single  paragraph. 

The  great  age  attained  by  many  of  the  Signers  of  the 
Declaration,  and  the  exceedingly  high  average  of  their  lives 
collectively,  has  been  noted  by  historians  j1  four  lived  to  be 
over  90,  and  eight  others  between  80  and  90.  Of  McKean, 
one  of  his  biographers  remarks  that  u  For  a  man  of  so  varied 
and  such  great  labors,  his  length  of  life  was  remarkable,  and 
illustrates  the  maxim,  that  sloth,  like  rust  consumes  faster 
than  labor  wears."2 

At  the  close  of  Governor  McKean's  life  there  were  living 
besides  himself,  five  signers ;  these  last  survivors  of  that  im 
mortal  group  of  patriots  were  as  follows  :3 

Thomas  McKean,  born  1734,  died  1817,  aged  83  years  3  mo. 
William  Ellery,  1727  1820  92  2 

William  Floyd,  1734  1821  86  8 

John  Adams,  1735  1826  90  9 

Thomas  Jefferson,  1743  1826  83  2 

Charles  Carroll,  1737  1832  95  2 

During  his  latter  years  Thomas  McKean  kept  up  a  cor 
respondence  with  Jefferson,  Adams,  and  other  revolutionary 
patriots.  On  hearing  of  his  death,  Mr.  Adams  immediately 
addressed  the  following  letter,  dated  Quincy,  June  30,  1817, 
to  the  editor  of  Nilei  Register,  as  a  tribute  to  his  deceased 
friend : 

"  MR.  NILES.  The  oldest  statesman  in  North  America  is  no 
more.  Vixit.  McKean,  for  whose  services,  and  indeed  for  whose 
patronage  the  two  states  of  Pennsylvania  and  Delaware  once  con 
tended,  is  numbered  with  the  fathers.  I  cannot  express  my  feel 
ings  upon  this  event  in  any  way,  better,  than  by  the  publication 

1  Goodrich^  preface. 

2  Armor. 

3  Lanman;  Biog.  Annah. 


114  McKEAN  FAMILY. 

of  the  enclosed  letters.  [Here  follow  the  dateg  of  eight  letters, 
the  latest  being  June  17,  1817.]  I  pray  you  to  print  these  letters 
in  your  Register.  JOHN  ADAMS." 

This  letter  and  the  enclosures,  were  accordingly  published 
as  requested  on  the  12th  of  July,  (vol.  xii,  p.  305,  et  necf). 

Mr.  Adams  on  the  30th  of  December  following,  in  a  letter 
to  John  M.  Jackson,  speaks  in  the  following  high  terms  of 
Governor  McKean : 

"  In  1774,  I  became  acquainted  with  McKean,  Rodney  and 
Henry.  [Patrick  Henry.]  Those  three  appeared  to  me  to  see 
more  clearly  to  the  end  of  the  business  than  any  others  of  the 
whole  body.  At  least  they  were  more  candid  and  explicite  with 
me  than  any  others.  Mr.  Henry  was  in  Congress  in  1774,  and  a 
small  part  of  1775.  He  was  called  home  by  his  state  to  take  a 
military  command.  McKean  and  Rodney  continued  members, 
and,  I  believe  I  never  voted  in  opposition  to  them  in  any  one 
instance."  l 


It  will  undoubtedly  have  been  noticed  in  this 
that  Thomas  McKean  was  an  eminently  successful  man  in  life, 
and  essentially  a  leader  among  men.  Moreover  he  had  the 
true  training  of  a  leader, — that  of  beginning  in  a  lower  station 
and  ascending.  So  marked  is  this,  that  when  the  colonies 
were  arming  themselves"  in  1775,  Mr.  McKean,  although  fill 
ing  the  exalted  station  of  a  delegate  in  congress,  hesitated  not 
to  enroll  himself  in  the  army  as  a  private.  As  a  lawyer  he 
soon  took  a  leading  stand  in  his  profession  ;  as  a  member  of 
the  Assembly  he  rose  to  be  Speaker ;  in  congress  he  became 
President ;  as  a  judge  he  rose  from  the  lower  courts  to  the 
highest  judicial  office,  that  of  Chief  Justice  ;  in  the  army  from 
being  a  private,  he  became  colonel,  his  province  however  lay 
not  in  military,  but  in  civil  life.  As  Governor,  he  filled  the 
highest  office  in  the  state.  In  numerous  committees,  conven 
tions  and  public  meetings,  he  either  directed  their  proceedings 
as  chairman,  or  else  was  a  leading  spirit  on  the  floor.  In  no 
case  do  we  find  him  receding ;  even  during  the  stormy  days 
while  in  the  gubernatorial  chair  of  Pennsylvania ;  and  in  no 
case  do  we  find  him  stationary  in  any  line  until  he  has  reached 
the  highest  rank  therein. 

I  cannot  better  close  this  biography,  than  with  the  conclud 
ing  paragraph  in  Sanderson's  Lives : 

Thomas  McKean  outlived  all  the  enmities 2  which  an  active 

1  Works,  x.,  269. 

'After  a  perusal  of  everything  that  I  can  find,  in  print,  regarding  Thomas 


THOMAS  MoKEAN.  115 

and  conspicuous  part  in  public  affairs,  had  in  the  nature  of 
things,  created ;  and  posterity  will  continue  to  cherish  his 
memory,  as  one  among  the  most  useful,  able,  and  virtuous 
fathers  of  a  mighty  republic. 

Conscia  mens  recti,famce  mendacia  ridet. 

HIS  WILL  AND  SEAL  THERETO. 

Thomas  McKean's  will  is  a  holograph  will,  made,  as  he 
himself  says,  when  he  has  passed  his  eightieth  year.  It 
covers  seven  pages  of  large  sized  unruled  paper,  and  is  dated 
very  appropriately  August  13,  1814,  "and  of  the  independ 
ence  of  the  United  States  of  America,  the  thirty-ninth."  He 
firsts  directs  "  that  my  funeral  may  be  decent  but  not  ex 
pensive."  To  his  wife,  he  leaves  the  choice  of  his  house 
hold  furniture  to  the  value  of  $1000;  and  $600  per  annum, 
and  also  a  house  in  Uolmesburgh.  Forty  thousand  dollars 
advanced  to  his  children  is  remitted  and  released  to  them. 

To  Joseph  B.  McKean,  his  mansion  house  in  Philadelphia, 
the  pictures  in  the  hall  of  the  house,  gold-headed  cane,  "my 
steel-seal  ring  with  my  coat  of  Arms  cut  thereon,"  Family 
bible,  Notes  of  cases,  and  all  his  manuscripts. 

To  Mary  McKean  only  child  of  his  son  Robert,  deceased,  a 
house  in  Holmesburgh. 

To  Andrew  Pettit  for  the  four  sons  and  four  daughters  of 
his  deceased  daughter  Elizabeth,  11  tracts  of  land  on  Brush 
creek  Beaver  co.,  2200  acres,  and  also  some  rent  charges. 

To  Laetitia  Buchanan,  land  on  the  Ohio  river  Beaver  co. 
near  Logstown,  six  tracts,  1580  acres  ;  also  a  plantation  called 
Pottersfield  in  the  new  county  of  Centre,  407  acres  worth  $40 
per  acre. 

To  the  four  children  of  Anne  Buchanan,  (to  Joseph  B. 
McKean  in  trust,)  tracts  of  land  on  the  N.  W.  of  the  Ohio 
river,  1116  acres ;  and  a  tract  of  404  acres  in  Haines's  town 
ship,  Luzerne  co.  and  some  rent  charges. 

To  his  daughter  Sarah  Maria  Theresa,  Marchioness  de  Casa 
Yrujo,  8  tracts  on  the  Sewickly  creek,  Allegheny  co.,  226(5 
acres  52  perches. 

McKean,  (and  the  references  here  given  will  show  that  this  search  has  not 
been  limited,)  I  am  happy  to  testify  that  this  statement  is  true.  William 
Duane,  his  most  violent  opponent,  pays  him  a  generous  tribute  in  his  obit 
uary  ;  and  among  recent  writers,  I  have  found  but  two  who  have  written 
against  him,  namely,  William  T.  Read,  in  1870:  and  a  historical  writer  in 
the  Village  Record  of  West  Chester,  Pa.,  1860,  both  quoted  in  these  pages. 


116  McKEAN   FAMILY. 

To  Thomas  McKean,  plantation  called  Chatham,  392  acres 
in  London  Grove  township,  Chester  co.  and  6  acres  of  chestnut 
wood  six  miles  distant,  also  "  my  silver-hilted  small  sword,  my 
stock,  knee  and  shoe  buckles,"  and  his  folio  hot  press  bible. 

To  his  daughter  Sophia  Dorothea,  4  tracts  in  Centre  co., 
1684  acres  32  perches  ;  two  lots  on  Spruce  street  between 
Sixth  and  Seventh  streets. 

To  his  grandson  Samuel  M.  McKean,  plantation  in  Mt. 
Equity  300  acres,  in  McKean  co. 

His  executors  may  sell  5  acres  on  Logan  street  Phila.  co.; 
and  about  440  acres,  and  a  tract  of  150  acres  in  Newcastle, 
Del. 

"  All  the  rest  of  my  estate,  real  and  personal,  I  give  devise, 
and  bequeathe  to  my  grandchildren  Thomas  McKean  Pettit, 
McKean  Buchanan,  Thomas  McKean  Buchanan,  Charles  Ferdi 
nand  de  Yrujo,  and  Henry  Pratt  McKean,  and  their  heirs  and 
assigns  forever,  as  tenants  in  common. '* 

Joseph  B.  McKean,  Andrew  Pettit,  and  Thomas  McKean 
are  named  as  executors. 

Witnessed  by  Jared  Ingersoll  and  Jos :  Reed  ;  Proved  June 
27,  1817,  and  recorded  in  Philadelphia,  No.  90,  lib.  6,  fol. 
467. 

The  will  is  sealed  with  red  sealing-wax,  about  the  size  of  a 
quarter  of  a  dollar,  now  somewhat  broken  on  one  side  ;  but 
enough  remains  to  show  the  impression  of  a  coat  of  arms,  sub 
stantially  the  same  as  those  on  David  Edwin's  engraving  of 
Stuart's  painting. 

COAT  OF  ARMS. 

There  is  no  coat  of  arms  in  this  family  that  I  believe  to  be 
genuine.  The  arms  under  David  Edwin's  engraving,  and  the 
same  as  used  by  Governor  McKean  on  the  seal  of  his  will,  are 
as  follows : 

ARMS  :  Or,  four  pallets  gules,  debruised  by  a  bend  sinister  azure, 
charged  with  a  crescent  decrescent  argent,  between  two  mullets  of 
six  points,  of  the  same. 

CREST  :  An  eagle  crested,  with  wings  displayed,  perched  upon  a 
snake,  with  head  erected. 

MOTTO  :  Mens  sana  in  corpore  sano. 

In  a  copy  of  McKean's  Laws  at  the  Library  of  the  Su 
preme  Court  of  the  United  States,  there  is  a  book  plate  of 
these  arms,  (the  only  book  plate  of  them  I  have  seen  or  heard 


THOMAS  McKEAN.  117 

of,)  with  the  tinctures  clearly  shown  ;  and  identical  with  the 
above,  save  that  the  divisions  of  the  shield  are  paly  of  eight , 
instead  of  nine.  Below  the  arms  on  a  drapery  is  the  name 
McKean,  in  script  letters,  and  below  that  the  engraver's  name, 
M.  de  Bruls. 

These  arms,  I  believe  to  be  spurious  ;  but  when  or  by  whom 
first  assumed  I  know  not.  My  chief  reasons  are  as  follows : 
1st.  No  McKean  family  in  England  carries  such  arms  ;  of  the 
three  families  named  in  Burke9 s  G-eneral  Armory ,  two  carry 
a  saltire,  and  the  other  three  trefoils.  2d.  No  one  would 
voluntarily  carry  the  bend  sinister.  3d.  There  is  two  great  a 
similarity  to  the  "  stars  and  stripes  "  in  the  shield, — to  the 
American  eagle  in  the  crest, — and  the  motto  is  a  household 
word.  4.  Judge  Thomas  McKean  Pettit,  with  a  patriotic 
notion  discarded  his  proper  crest,  and  substituted  therefore  an 
eagle  almost  identical  to  that  in  the  above  arms,  save  that  in 
these,  the  eagle  is  crested,  and  in  the  Pettit,  not  crested^  re- 
guardant.  And  what  is  more  likely  than  this  having  been 
done  by  Judge  Pettit,  in  imitation  of  his  grandsire? 

In  some  branches  of  the  family,  these  arms  are  well  known, 
through  David  Edwin's  engraving,  and  from  colored  drawings ; 
but  none  of  Judge  Joseph  B.  McKean's  descendants  know  any 
thing  of  the  u steel  seal  ring"  willed  by  Governor  McKean  to 
his  eldest  son,  and  from  which  I  had  hoped  to  gain  some  in 
formation  about  these  arms. 

Our  relative  Henry  Pettit  Esq.,  of  Philadelphia,  who  is 
interested  in  family  history,  and  has  made  some  researches  as 
to  a  coat  of  arms,  writes  under  date  of  February  26,  1886 : 
"  If  the  McKeans  ever  had  any  crest  or  arms,  I  should  like 
greatly  to  see  it,  never  having  come  across  it  as  yet."  In 
reply  I  mentioned  these  spurious  arms  ;  and  not  long  after 
received  a  letter  dated  June  17, 1886,  containing  the  following 
interesting  extract: 

"  In  a  previous  letter  you  wrote  with  regard  to  the  often  asked 
for  McKean  arms.  I  think  myself,  that  there  really  are  none. 
I  Lave  never  seen  the  so-called  arms  you  refer  to,  but  if  ever  you 
come  across  anything  engraved  or  photoed,  or  representing  the 
so-called  McKean  arms,  I  should  like,  from  curiosity  to  see  it. 
One  reason  is  this, — About  the  beginning  of  this  century  there 
seems  to  have  been  quite  a  craze,  to  get  up  in  some  families,  an 
American  modification  of  the  English  Arms  the  families  had  pre 
viously  worn  ;  and  the  result  was  remarkable,  from  a  herald's 
point  of  view  in  many  cases.  I  had  myself  a  book  plate  of  the 
Pettit  arms  so  changed,  with  eagle  for  crest,  and  helmet,  vizor  up 


118  McKEAN  FAMILY. 

full  faced,  which  had  been  purposely  changed  by  Judge  Thomas 
McKean  Pettit,  from  his  grandfather  Charles  Pettit's  arms,  in 
order  to  Americanize  it,  and  get  rid  purposely  of  all  the  English 
except  the  arms  proper;  and  by  the  eagle  show  the  American 
branch.  I  showed  these  arms  as  a  joke  at  the  College  of  Arms, 
London,  and  I  thought  the  Herald  would  have  split  with  laughter. 
Nevertheless  it  showed  the  American  independent  spirit  rampant 
at  that  period.  Now  I  am  disposed  to  think  that  a  McKean 
plate,  arms,  crest,  and  motto,  all  complete,  was  devised  by  some 
patriotic  McKeanite,  say  about  that  same  time,  eagle  as  usual, 
and  all  other  American  features." 

PORTRAITS,  HISTORICAL  PAINTINGS  AND  ENGRAVINGS  OF 
GOVERNOR  McKEAN. 

1.  AN  OIL  PORTRAIT  BY  GILBERT  STUART,  and  considered 
one  of  his  masterpieces,  on  a  panel  formerly  in  possession  of 
the  eldest  son,  Joseph  B.  MeKcan,  now  in  possession  of  the 
latter's  grandson  Samuel  M.  McKean.     It  is  a  half  length, 
showing  the  left  side,  and  the  badge  of  the  Cincinnati  on  the 
left  breast,  the  head  turned  nearly  full  face.     In  the  Life  and 

Works  of  Gilbert  Stuart  by  George  C.  Mason,  N.  Y.',  1879, 
this  picture  is  catalogued  with  the  encomium,  "  An  upright 
Chief  Justice,  an  enlightened  lawyer,  a  sagacious  politician,  he 
was  looked  up  to  as  one  of  the  most  reliable  men  of  the  day." 
By  this  portrait  Governor  McKean  is  lest  known  to  pos 
terity,  several  engravings  having  been  made  from  it. 

2.  OIL   PORTRAIT  ;   Copy    of  the   previous,  by  Marchant, 
owned  by  the  Law  Association  of  Philadelphia  ;  and   which 
has  been  loaned  to  the  Supreme  Court  since  1875  ;  it  hangs 
in  the  place  of  honor  behind  the  Judge's  Bench  on  the  right 
side.1 

3.  OIL  PORTRAIT;  Copy  of  Stuart  (No.  1,)  by  James  R. 
Lambdin,  and  presented  by  him  to  the  Pennsylvania  Historical 
Society,  Philadelphia,  November  17,  1852.     Numbered  141, 
on  the  Society's  Catalogue  of  Paintings. 

4.  IN  THE  OLD  STATE  HOUSE,  Independence  Hall,  oil  por 
trait  by  Peale.     The  right  side  of  the  face  is  shown.2 

5.  SIGNING  THE  DECLARATION  OF  INDEPENDENCE,  by  Trum- 
bull.     The  original,  30x20  inches,  is  in  the  Trumbull  Gallery 
of  Yale  College.     A  copy  made  by  the  same  artist,  painted  by 


John  Hill  Martin,  Bench  and  Bar,  p.  222. 
'See  Catalogue  of  Ind.  Hall  for  use  of  visitors,  portrait  numbered  11  ;  also 
Belisle's  Hist.     Ind.  Hall,  1859  ;  and  F.  M.  Etting,  Histor.  Acct.  of  Old  State 
Ho.,  1876. 


THOMAS  MoKEAN.  119 

order  of  Congress,  is  one  of  the  eight  large  historical  paintings 
in  the  rotunda  of  the  Capitol  at  Washington.  Thomas  McKean 
is  one  of  the  delegates  here  represented,  and  numbered  46. 
Not  all  the  members  of  Congress  are  however  included.  The 
picture  is  well-known  by  engravings.1 

6.  WASHINGTON   RESIGNING  HIS   COMMISSION,  by  Edwin 
White  1859,  a  large  historical  painting  in  the  State  House, 
Annapolis,  Md.     Thomas  McKean  is  here  represented  among 
the  delegates,  and  numbered  18  in  the  key  engraving.     As  a 
matter  of  fact  however  the  resignation  took  place  December 
23,  1783,  and  Mr.  McKean's  term  had  expired  some  months 
before  ; — an  anachronism,  undoubtedly  due  to  Mr.  McKean's 
prominence  and  long  service  in  Congress.     Thomas   Mifflin, 
president  of  Congress,  Charles  Carroll,  Thomas  Jefferson,  and 
Edward  Lloyd  are  also  among  the  delegates  shown.     This  is 
quite  a  different  picture  from  that  of  Trumbull,  representing  the 
same  scene,  and  which  is  another  of  the  eight  large  paintings 
in  the  rotunda  of  the  national  Capitol. 

7.  LADY    WASHINGTON'S     RECEPTION    DAY;    by    Daniel 
Huntington  of  New  York.     Thomas  McKean  is  numbered  35, 
and  is  described  in   the  key  engraving  as  Chief    Justice  of 
Pennsylvania.     There  are  sixty-four  likenesses  in  all.     The 
artist  very  kindly  informs  me  that  the  picture  is  6x9  feet ;  and 
that  it  was  painted  in  1859-60,  for  A.  H.  Ritchie,  the  well- 
known  engraver ;  who  paid  $2500  for  it,  and  who  made  the 
steel  engraving  by  which  it  is  well  known.     This  picture  was 
recently  in  the  collection  of  A.  T.  Stewart  of  New  York,  and 
was  purchased  at  the  sale  of  his  pictures  by  the  Hamilton  Club 
of  Brooklyn,  for  $3300.     The  likeness  of  Thomas  McKean 
was  painted  from  the  engraving  of  Welch  after  Stuart.2 

8.  THE   FIRST  PRAYEK  IN   CONGRESS  ;  September  1774. 
Painted  by  T.  H.  Matterson  for  the  Carpenters'  Company  of 
Philadelphia,  to  commemorate  the  meeting  of  the  first  Congress 
in  Carpenter's  Hall.     This  picture  is  also  well  known  from  the 
engraving  on  steel  by  H.  S.  Sadd  "  From  the  original  picture, 
painted   expressly  for   this   engraving,"   1848.     Thirty-three 
persons  are  represented.     General  Washington,  No.  9,  kneels 
in  the  foreground;  Thomas  McKean,  No.  21,  also  kneels  ;  in 
the  background  stands  Stephen  Hopkins,  No.  18,  the  Quaker 
from  Rhode  Island,  with  his  hat  on. 

1See  a  paper  by  Lyman  C.  Draper;   Collections,  State  Hist.  Soc.  of  Wis., 
vol.  x. 

3  Letter  of  the  Artist,  June  19,  1888. 


120  McKEAN   FAMILY. 

9.  OIL  PORTRAIT  BY  STUART,  in  possession  of  His  Excel 
lency  the  Marquis  de  Casa  Yrujo,  Madrid,  Spain. 

10.  OIL  PORTRAIT,  Copy  of  Stuart's  (No.  1)  by  McMurtrie 
of  Philadelphia,  made  for  Samuel  M.  McKean  of  Washington, 
and  now  in  possession  of  his  daughters. 

11.  OIL  PORTRAIT  BY  CHARLES  WILSON  PEALE,  in  posses 
sion  of  Henry  Pratt  McKean  Esq.  of  Philadelphia,  a  large 
painting  with  the  Governor's  son  Thomas,  at  the  age  of  about 
ten  years,  standing  by  his  side. 

12.  OIL  PORTRAIT  BY  CHARLES  WILSON  PEALE,  presented  to 
his  daughter  Elizabeth,  on  her  marriage  with  Andrew  Pettit, 
now  in  possession  of  Mrs.  Sarah  P.  Wilson  of  Philadelphia. 

13.  OIL  PORTRAIT  ;  Artist   unknown,  on  a  panel,  (It  re 
sembles  Stuart's  No.  1,  and  may  be  a  copy  ;  the  badge  of  the 
Cincinnati  being  shown).     Formerly  in  possession  of  the  Gov 
ernor's  daughter  Laetitia  Buchanan,  and  at  her  death  passed 
to  her  son  the  late  Admiral  Franklin  Buchanan.     Now  at  his 
late  residence,  "  The  Rest,"  Talbot  Co.,  Maryland. 

There  may  be  other  portraits  or  copies  that  I  have  not 
heard  of. 

Engravings  ;  on  steel  or  copper. 

i.  ENGRAVING  by  David  Edwin,  entitled  "Thomas  McKean, 
Governor  of  the  Commonwealth  of  Pennsylvania,  Vice  Presi 
dent  of  the  State  Society  of  Cincinnati,  etc."  "  Engraved  by 
David  Edwin,  from  the  original  Picture  by  Gilbert  Stuart  in 
the  Possession  of  J.  B.  McKean  Esq."  It  is  about  one-fourth 
of  life  size.  I  only  know  of  five  of  these  engravings,  which 
are  usually  framed;  doubtless  there  are  many  more.  1.  In 
the  author's  possession.  2.  Mrs.  Admiral  Buchanan,  "  The 
Rest,"  Maryland  ;  3.  The  Misses  Coale,  Baltimore  ;  4.  Family 
of  the  late  Samuel  M.  McKean  of  Washington  ;  5.  In  the 
compiled  Biography  of  the  Signers  in  the  Pennsylvania  His 
torical  Society  library,  three  4°  volumes  valued  at  $2000. 

ii.  ENGRAVING,  "by  J.  B,  Longacre  from  a  Portrait  by  G. 
Stuart."  This  is  the  illustration  in  Sanderson's  Lives,  First 
and  Second  Editions.  It  is  slightly  less  than  one-half  the 
size  of  the  previous. 

iii.  ENGRAVING,  "by  T.  B.  Welch,  from  a  painting  by  G. 
Stuart."  "M.  Quig  printer."  This  illustrates  the  National 
Portraits  by  Longacre  and  Herring  ;  vol.  for  1839  ;  and  also 
the  second  edition,  by  Rice  and  Hart  1854. 

iv.  ENGRAVING,  "by  S.  C.  Atkinson,"  [Apparently  a  copy 


THOMAS  McKEAN.  121 

of  Stuart]  which  illustrates  Conrad's  edition  of  Sanderson's 
Lives,  1  vol.  imp  8°  1846 ;  and  also  Benner's  Dutch  edition, 
1842-58. 

v.  PRINT  by  Tiebout,  in  possession  of  the  Pennsylvania 
Historical  Society,  entitled  "  Thomas  McKean  Governor  of 
Pennsylvania,  Published  by  D.  Kennedy  228  Market  St." 
The  likeness  shows  the  right  side  of  the  face ;  and  is  not 
familiar,  to  those  who  know  Stuart's  and  the  engravings  from 
it.  In  its  general  appearance  it  resembles  Peale's  (No.  4), 
but  in  the  details  it  does  not ;  the  expression  is  different  from 
Peale's  Portrait. 

vi.  ETCHING  of  the  last  named,  by  Albert  Rosonthal,  Phila 
delphia,  forming  the  illustration  to  "Philadelphia  and  the 
Federal  Constitution.11 

vii.  August  1781  "A  profile  in  black  lead  of  the  pres.  of 
Congress  Thos.  McKean,  form  of  a  medal,"  Extract  from  the 
note  book  of  P.  E.  Du  Simitiere  in  Penn.  Mag.  xiii.  367. 
The  whereabouts  of  this  likeness  is  not  now  known. 

viii.  CENTENNIAL  MEMORIAL  OF  AMERICAN  INDEPENDENCE  ; 
by  the  American  Bank  Note  Company,  (30J  in.  by  19}  in.) 
This  large  engraving  contains  the  Declaration,  several  his 
torical  scenes  connected  with  it,  etc.,  Thomas  McKean  after 
Stuart,  being  one  of  the  few  likenesses  here  shown. 

ix.  THE  FRONTISPIECE  of  the  present  work  is  a  reproduction 
of  David  Edwin's  engraving  (No.  i.)  by  the  Moss  Engraving 
Company  of  New  York,  and  reduced  one-half  size.  The  auto 
graph  is  from  Stone's  fac-simile  of  the  Declaration,  men 
tioned,  ante  pp.  48,  49. 

Wood  cuts  illustrating  various  works,  some  of  them  very 
good  likenesses,  and  generally  after  Stuart,  are  numerous  ; 
but  no  list  of  them  has  been  made. 

GOVERNOR  McKEAN'S  AUTOGRAPH  AND  LETTERS. 

Thomas  McKean's  autograph  is  not  a  rare  one  compared 
with  others  of  the  Signers.*  Autograph  hunters  have  suc 
ceeded  in  collecting  twenty-two  complete  sets  of  autographs 
of  the  Signers ;  and  it  is  not  likely  that  any  other  complete 
set  will  ever  be  made,  owing  to  the  scarcity  of  one  or  two  of 
the  signatures.1  Notices  of  some  of  these  collections  with 
fac-similes,  including  a  sample  of  Governor  McKean's  writing, 
may  be  found  in  Harper's  Magazine  vol.  xlvii.  258,  424,  et 

C.  Draper,  in  Col.  State  Hist.  Soc.  of  Wis.,  vol.  x. 


122  McKEAN  FAMILY. 

seq.  The  most  valuable  and  interesting  letter  of  Thomas 
McKean  may  be  found  in  fac  simile  in  the  Book  of  the 
Signer *i  by  William  Brotherhead,  Phila.  1861.  The  original, 
now  or  lately  in  possession  of  T.  M.  Rodney  Esq.,  is  dated 
Philadelhipa,  August  22,  1813,  and  refers  to  his  name  being 
omitted  in  the  first  published  copies  of  the  Declaration,  his 
sending  an  express  for  Caesar  Rodney,  and  his  writing  the 
Constitution  for  the  State  of  Delaware  in  one  night,  without 
the  aid  of  books  or  papers.1 

Comparatively  few  letters  of  Thomas  McKean  have  been 
quoted  in  this  biography  ;  Sanderson's  Lives  contains  other 
letters  and  extracts  not  here  quoted.  A  number  of  letters  to 
and  from  Thomas  McKean  may  be  found  in  the  Works  of  John 
Adams  by  his  grandson  Charles  Francis  Adams,  10  vols. 
1856.  Eight  letters  published  by  John  Adams  may  be  found 
in  Niles*  Register,  vol.  xii,p.  305,  et  seq.  In  the  Correspon 
dence  of  the  Revolution,  4  vols.  Boston  1853,  and  in  the 
Diplomatic  Correspondence  of  the  Revolution,  4  vols.  Boston 
1829,  both  by  Jared  Sparks,  are  several  letters,  some  of  them 
addressed  to  Washington.  A  valuable  letter  to  William 
McCorkle,  June  16, 1817,  may  be  found  in  Niles'  Register  vol. 
xii,  278,  and  also  in  the  Extracts  from  the  Diary  of  Christo 
pher  Marshall,  William  Duane,  Albany  1877  ;  in  reference  to 
the  omission  of  his  name  on  the  copies  of  the  Declaration. 
Several  letters  may  likewise  be  found  in  Hazard's  Pennsylva 
nia  Colonial  Records,  16  vols.  and  its  continuation,  the  Penn 
sylvania  Archives,  12  vols.  by  Linn  and  Egle,  published  by 
the  state,  1852-3.  Other  letters  are  scattered  among  various 
biographies,  and  other  works. 

In  the  Department  of  State  at  Washington  are  at  least 
ninety-eight  letters  of  Governor  McKean,  but  few  of  which 
have  probably  been  published.  Eighty-eight  of  these  were 
written  while  President  of  Congress,  and  are  addressed  among 
others  to  Samuel  Huntington,  Gens.  Greene,  Washington, 
Lafayette,  Stark,  Heath,  Lincoln,  Marion,  Schuyler ;  Govs. 
Hancock,  Clinton,  Trumbull,  Nelson,  Burke  ;  Presidents  Reed, 
Rodney,  the  President  of  New  Hampshire  ;  also  to  M.  de 
Marbois,  Dr.  Franklin,  William  Bingham,  The  People  of  New 
Hampshire,  Hon.  R.  R.  Livingston,  The  Minister  of  France, 

1  This  letter  was  read  by  the  Hon.  Thomas  F.  Bayard,  in  his  address  on 
the  occasion  of  the  unveiling  of  the  monument  to  Caesar  Rodney,  at  Dover, 
Del.,  October  30,  1889.  The  author  kindly  sent  me  a  printed  copy  of  the 
Proceedings  containing  his  address;  but  it  was  received  too  late  to  be  in 
serted  in  the  note  on  page  29. 


THOMAS   McKEAN.  123 

Thomas  Jefferson,  Count  Rochambeau,  Michael  Hillegas, 
Count  de  Grasse.  Also  six  other  letters  to  General  Washing 
ton,  one  of  which,  dated  Newark  October  8,  1777,  is  quoted 
in  these  pages  from  Sparks9  Correspondence  of  the  Revolution. 
These  letters  are  not  generally  accessible  unless  copies  are 
requested. 

BIBLIOGRAPHY. 

A  list  of  all  works  I  have  met  with,  which  contain  a  biog 
raphy  of  Thomas  McKean,  is  appended  to  this  genealogy, 
(Appendix  I).  Many  of  them  are  however  copies  of  one 
another.  In  the  appendix  may  also  be  found  a  list  of  official 
publications  closely  connected  with  the  life  of  Thomas  McKean. 
Other  works  containing  merely  mention  of  him  are  too  numer 
ous  to  be  named,  but  references  to  them  may  be  found  in  the 
notes  to  the  foregoing  biography. 

Of  these  biographies,  a  few  only  need  special  mention  as 
being  well  written,  or  containing  facts  not  given  in  the  other 
works,  namely : 

1.  Sanderson's  Lives  1820-7,  and  subsequent  editions ;  2. 
Judsori's  Biography  of  the  Signers,  1839,  a  beautifully 
written  article  ;  3.  National  Portraits,  an  article  signed  T. 
A.  B.  (author  unknown),  well  written,  but  containing  numer 
ous  mistakes  in  dates.  4.  Nevin's  Continental  Sketches  of 
Distinguished  Pennsylvania's,  1875.  5.  Armor's  Lives  of 
the  Governors  of  Pennsylvania,  1872.  6.  Hazard's  Regis 
ter,  iii.  241 — The  Supreme  Court  Bench  of  Pennsylvania  ;  7. 
Scharf  and  Westcott's  History  of  Philadelphia  3  vols.  4°, 
1884,  containing  also  very  numerous  references,  and  facts  not 
elsewhere  published. 

CONCLUSION,  GOVERNOR  McKEAN'S  CHILDREN. 

Governor  McKean's  second  wife  survived  him  but  three 
years,  and  died  on  Saturday,  May  6, 1820,  aged  seventy-three 
years  ;  and  was  buried  on  the  7th  in  the  grave  yard  of  the 
First  Presbyterian  Church.  An  oil  portrait  of  her  by  Stuart 
is  in  possession  of  His  Excellency  the  Marquis  de  Casa  Yrujo, 
Madrid,  Spain  ;  and  another  by  Charles  Wilson  Peale,  noted 
on  a  previous  page,  is  the  property  of  Henry  Pratt  McKean, 
Esq.,  of  Philadelphia. 

All  of  Governor  McKean's  children  are  named  in  his  bible 
record,  owned  by  Mr.  Henry  Pratt  McKean ;  and  also  the  first 


124  McKEAN  FAMILY. 

six  in  another  record  in  possession  of  Miss  Anna  M.  Bayard. 
They  are  as  follows: 

By  his  first  wife  Mary  Borden: 

JOSEPH  BORDEN,    b.  Sunday,  July  28,  1764. 
ROBERT,  b.  Sunday,  March  9,  1766. 

ELIZABETH,  b.  Tuesday,   August  18,    1767    (Mrs.  Andrew 

Pettit). 

iv.       LETITIA,  b.  Friday,  January  6,  1769  (Mrs.  George  Buch 

anan). 

v.        MARY,  b.  Monday,  February  18, 1771;  d.  Thursday,  De 

cember  27,  1781  ;  buried  in  burial  ground 
of  First  Presbyterian  church. 

vi.        ANNE,  b.  Thursday,  February  25,  1773  (Mrs.  Andrew 

Buchanan). 

By  his  second  wife,  Sarah  Armitage : 

vii.  A  Son,  b.  Wednesday,  November  1,  1775  ;  d.  the  same 

day. 

yiii.  SARAH,  b.  Monday,  July  8,  1777  ;  baptized  by  Rev.  Jo 

seph  Montgomery  (The  Marchioness  de 
Casa  Yrujo). 

ix.  THOMAS,  b.  Saturday,  November  20, 1779,  Philadelphia; 

bapt.  Jan.  30,  1780.1 

x.  SOPHIA  DOROTHEA,  b.  Monday,  April  14,  1783,  Philadelphia  ;  bapt. 
July  27,  1783  ;l  d.  December  27,  1819; 
bur.  First  Presbyterian  church. 

xi.  MARIA  LOUISA,  b.  Wednesday,  September  28,  1785,  Philadel 
phia;  bapt.  Jan.  30,  1786  j1  d.  Tuesday, 
October  21, 1788  ;  bur.  First  Presbyterian 
church. 

1  These  baptisms  are  from  register  of  First  Presbyterian  church,  Phila. 


APPENDIX  I. 


LIST    OF    BOOKS    CONTAINING    BIOGRAPHIES  OF 
THOMAS  McKEAN,  AND  OTHER  WORKS. 

[WORKS  CONTAINING  MERE  MENTION  OF  TlIOMAS  McKfiAN, 
COMPRISING  THE  GREATER  PART  OF  THOSE  REFERRED  TO  IN 
THE  FOOT  NOTES,  AND  NUMBERING  ABOUT  200,  ARE  NOT  IN 
CLUDED  IN  THIS  LIST.] 

Sanderson's  Biographies  of  the  Signers. 

Biography  of  the  Signers  of  the  Declaration  of  Independence, 
John  Sanderson,  9  vols.  Phila.  R,  W.  Pomeroy,  1820-7.  En 
graving  by  J.  B.  Longacre.  Robert  Wain  is  the  biographer  of 
Thomas  McKean  and  of  many  other  of  the  signers.  This  is  the 
earliest  work  and  the  original  of  all  the  subsequent  Lives  of  the 
Signers;  and  is  still  the  standard  work  of  its  kind.  Being  pub 
lished  at  first  anonymously,  it  has  been  sometimes  called  uA>m- 
eroy's  Lives" 

(Rather  singularly  I  ha\e  found  a  great  variety  in  the  title 
pages.  One  set  dated  1820-7  ;  a  second  1823-7 ;  a  third  1823-4; 
Sanderson's  name  is  given  in  some  volumes,  and  not  in  others  of 
the  same  set.  On  an  engraved  title  page  some  volumes  have  a 
coiled  serpent,  others  a  female  figure.) 

The  same,  2d  Edition,  5  vols.  Philadelphia.  Pub.  by  W. 
Brown  and  C.  Peters,  1828.  Engraving  by  J.  B.  Longacre.  (A 
few  minor  changes  made  in  this  edition). 

The  same.  5  vols.  Published  by  Bennet  and  Walton,  1831. 
(Word  for  word  the  same  as  the  2nd  edition.)  [Not  illustrated.] 

The  same.  Revised  by  Robert  T.  Conrad.  1  vol.  Imp.  8°. 
Thomas  Cowperthwait  &  Co.  Phila.  1846.  Engraving  by  S.  C. 
Atkinson. 

The  same  as  the  last  named.  With  60  engravings,  collected 
and  prepared  by  William  Brotherhead,  1865.  1  vol.  4°.  160 
copies.  $20.00.  [Illustrated  with  a  picture  of  Duche's  house, 
but  no  engraving  of  Thomas  McKean.]  • 

Edition  of  Sanderson  by  Fowle,  1864.  607  pp.,  rough  edges, 
$81.  [Mentioned  by  Allibone.] 

9-6  (125) 


126  McKEAN   FAMILY. 

Lives  of  the  Signers,  By  other  authors. 

C.  A.  Goodrich,  Lives  of  the  Signers.  New  York,  1829.  1 
vol.,  12°.  [Partly  illustrated,  no  engravings  of  Thomas  McKean.] 

N.  Dwight,  Sketches  of  the  Lives  of  the  Signers,  New  York, 
1830;  1  vol.,  12°.  [Not  illustrated,] 

L.  Carroll  Judson,  Biographies  of  the  Signers  (Author  a  mem 
ber  of  the  Philadelphia  bar).  Phila.,  1839.  1  vol.,  8°.  [Not 
illustrated.  A  beautifully  written  biography.] 

B.  J.  Lossing,  Lives  of  the  Signers,  1848  and  Phila.,  1870, 
1  vol.  [Poor  woodcut  likeness.] 

E.  Benner,  Lebensbeschriebungen  sammtlicher  unterzeichner 
der  unabhangigkeitz-Erklarung.  (In  Dutch,  chiefly  from  Good- 
rich's  Lives.  Engraving  by  S.  C.  Atkinson  from  Stuart.  12°. 
Sumneytown,  Penn.  1842  and  1858. 

Book  of  the  Signers.  William  Brotherhead,  large  folio,  Phila., 
1861,  containing  facsimiles  of  letters,  etc.  Duche's  house  is 
shown. 

Centennial  Book  of  the  Signers.  William  Brotherhead,  Phila., 
copyright  1872,  folio.  A  similar  work  to  the  previous.  A  poor 
woodcut  after  Tiebout. 

Biography  of  the  Signers,  3  vols.,  large  4°,  in  the  library  of  the 
Pennsylvania  Historical  Society,  for  which  the  Society  paid 
$2000.  This  work  is  a  compilation.  Each  leaf  from  Sanderson's 
Lives  is  set  in  a  border  of  stout  paper,  and  the  work  illustrated 
with  engravings,  views,  autograph  letters,  etc.,  from  various 
sources.  Engraving,  large  size  by  David  Edwin. 

Lives  of  the  Pres.  U.  S.  with  biog.  notices  of  Signers  of  the 
Dec.  of  Ind.;  Robert  W.  Lincoln,  Brattleborough,  Vt.,  1839. 

Other  Biographies  of  Thomas  McKean. 

National  Portraits,  J.  B.  Longacre  and  James  Herring,  4  vols., 
4°  (vol.  iv.,  for  1839).  Engraving  by  T.  B.  Welch.  A  good 
biography. 

The  same.  D.  Rice  and  A.  N.  Hart.  4  vols.,  1854;  (vol.iv.) 
Engraving  by  T.  B.  Welch. 

Hazard's  Register  of  Pennsylvania,  vol.  vi.  (for  1830),  161,  177, 
191,  Sanderson's  biography  in  full;  also  vol.  iii.  (1829),  241; 
the  Supreme  Court  Bench  of  Pennsylvania. 

Lives  of  the  Governors  of  Pennsylvania,  William  C.  Armor. 
Phila.,  1872.  Wood  cut  and  autograph. 

Scharf  and  Westcott,  History  of  Philadelphia.  3  vols.,  4°. 
Phila.,  1884.  Biography  ii.,  1515,  et  seq.,  and  very  numerous 
references  throughout  the  whole  work.  Wood  cut,  good  likeness. 

History  of  Chester  county,  Penn.,  Judge  John  Smith  Futhey 
and  Gilbert  Cope.  4°.  Phila.,  1881.  Biography  and  wood  cut, 
644  et  seq. 


APPENDIX    I.  127 

Illust.  History  of  Perm.,  William  H.  Egle,  1870.  Short  sketch 
and  likeness. 

Pennsylvania  and  the  Federal  Constitution,  John  Bach  Mc- 
M aster  and  Frederick  D.  Stone.  Phila.,  1888.  8°.  Short  sketch 
and  etching  from  an  old  print  by  Tiebout. 

Scharf's  History  of  Delaware,  2  vols.     Phila.,  1888,  i.  567. 

Sages  and  Heroes  of  the  American  Revolution,  L.  CarrollJud- 
son,  2  vols.,  1851. 

Harper's  Magazine,  iii.  145,  vii.,  429,  etseq.,&  short  sketch  and 
likeness;  xlvii.,  429  et  seq.,  fac-simile  of  handwriting  of  various 
signers;  Iii.  871,  anecdotes  and  a  good  wood-cut  likeness. 

Historical  Mag.  of  Notes  and  Q.  iv.,  2d  Ser.,  Nov.  1868,  p.  209, 
short  sketches  of  the  signers  and  others,  with  copies  of  letters  from 
an  autograph  collection. 

History  of  Independence  Hall,  D.  W.  Belisle,  Phila.,  1859. 
short  sketch. 

Continental  Sketches  of  Distinguished  Pennsylvanians,  David 
R.  B.  Nevin.  Phila.,  1875.  8°.  A  good  biography. 

Lives  of  Eminent  Philadelphians,  Henry  Simpson,  Phila., 
1859. 

Field  Book  of  the  Revolution,  Benson  J.  Lossing,  New  York, 
1852  (and  various  editions).  2  vols.  Various  references  and 
short  biography,  ii.,  871;  likenesses  of  the  signers,  etc. 

Pennsylvania  Maga/ine,  xi.,  249,  etseq.  "The  Federal  Con 
stitution,"  by  William  H.  Egle.  Sketches  of  members  of  the 
Convention.  A  good  biography. 

Life  and  Corresp.  of  George  Read.  William  T.  Read,  Phila., 
1870.  A  full  biography  of  Thomas  McKean,  p.  332,  et  seq. 

Nota3  Cestrienses.  From  the  Village  Record,  West  Chester, 
Pa.,  1860.  No.  12  of  a  series  of  historical  articles.  A  short 
biography. 

Bordentown  and  its  Environs.  In  the  Bordentown  Register, 
1876.  Historical  articles  by  E.  M.  Woodward,  chap.  xii.  The 
Borden  Family,  and  a  sketch  of  Thomas  McKean. 

Catalogue  of  Independence  Hall,  1878.  (For  the  use  of  visi 
tors.)  List  of  portraits  and  brief  sketches  of  the  Signers. 

Baltimore  American  and  Commercial  Advertiser,  date  unknown, 
probably  quoted  from  Sanderson,  about  1827. 

Biographical  Dictionaries,  etc. 

Appleton's  New  Cyclopaedia  of  Biography,  6  vols.,  1887,  a 
good  sketch  and  likeness. 

Biographical  Encyclopaedia  of  Pennsylvania,  1874. 

New  American  Cyclopaedia,  16  vols.     New  York,  1875. 

Allibone's  Dictionary  of  Authors.     3  vols.     A  brief  sketch. 

Dictionary  of  Congress,  Charles  Lanman.  (Published  by 
Congress.)  5th  Ed.,  1868. 


128  McKEAN   FAMILY. 

Biographical  Annals  of  the  U.  S.  Government,  Charles  Lan- 
man,  2d  Ed.,  1887. 

Drake's  Dictionary  of  American  Biography,  Boston,  1872. 

Allen's  American  Biographical  Dictionary. 

Political  Register  and  Congressional  Directory,  B.  P.  Poore, 
Boston,  1878. 

Appleton's  Cyclop,  of  Biog.,  1  vol.,  1868,  p.  5f)8,  brief  sketch, 
improperly  indexed. 

Harper's  Popular  Cyclop,  of  U.  S.  History,  N.  Y.,  1881, 
2  vols. 

Johnson's  New  Illust.  Cyclop.,  N.  Y.,  1878,  4  vols.  4°. 

Official  Publications. 

Journals  of  Congress,  13  vols.  Pub.  by  authority,  Phila., 
1777,  and  subsequent  ed. 

Secret  Journals  of  Congress,  4  vols.     Pub.  by  Congress,  1821. 

Debates  on  the  Federal  Constitution,  Jonathan  Elliot,  4  vols., 
published  with  the  sanction  of  Congress,  Washington,  1854. 

Reports  of  Cases  in  Pennsylvania,  A.  J.  Dallas,  4  vols.,  1790- 
1807.  Dedicated  to  Chief  Justice  McKean. 

Pennsylvania  Colonial  Records,  16  vols.  Pub.  by  the  State, 
1852-3. 

Pennsylvania  Archives,  12  vols.,  Hazard,  1853. 

Works  by  Governor  McKean. 

Laws  of  Newcastle,  Kent  and  Sussex  on  Delaware,  1753-62, 
By  authority  of  the  General  Assembly,  by  Thomas  McKean  and 
Caesar  Rodney.  And  laws  down  to  1777.  Wilmington,  1763- 
77.  Catalogued  at  the  library  of  the  Supreme  Court  of  the 
United  States,  with  a  note,  "believed  to  be  the  first  book  printed 
in  Delaware."  See  page  14  ante. 

Acts  of  the  General  Assembly  of  the  Commonwealth  of  Penn 
sylvania,  etc.,  by  Thomas  McKean,  1782,  known  briefly  as  Mc 
Kean 's  Laws.  See  page  73  ante. 

Charge  of  Thomas  McKean,  Chief  Justice,  to  Grand  Jury  at 
Court  of  Oyer  and  Terminer,  and  General  Gaol  Delivery,  held 
at  York  in  1788.  (Hildeburn's  Issues  Phil.  Press  1886,  No. 
3738.)  See  page  61  ante. 

Commentary  on  the  Constitution  of  the  United  States  by 
Thomas  McKean  and  James  Wilson,  London,  1792.  See  page 
81  ante. 

Speech  [to  the  Legislature,  Dec.  8,  1808],  no  title  page,  8°. 
(Boston  Ath.  Cat.) 


APPENDIX  II. 


MISTAKES  AND  DISCREPANCIES  IN  PRINTED 

BOOKS  REGARDING  GOVERNOR 

THOMAS  McKEAN. 

Sanderson's  Lives.  Adm.  bar  Chester  co.,  1755,  not  1756;  and 
Sup.  Ct.,  1758,  not  1757 — Meeting  at  Carpenter's  Hall  in  1776, 
Franklin  was  not  on  the  committee  with  Mr.  McKean. — Vote  on 

Res.  of  Independence   taken    July   2d,  not    1st Mr.    McKean 

signed  Dec.  Ind.  in  Jan.  1779,  or  later,  not  Oct.  1776 Mr.  Mc 
Kean  was  not  president  of  Delaware  when  appointed  Ch.  Justice, 
the  office  devolved  upon  him  afterwards. — Const,  of  Delaware 
written  at  Newcastle,  not  Dover. — Mr.  McKean  moved  to  ratify 

Const,  of  U.  S.  on   24th,  not  26th  (See  Elliot's  Debates} Mr. 

McKean  m.  1st,  July  21,  1763,  not  July,  1762 wife  died  March 

12,  1773,  not  Feb.  1773 — He  m.  2d,  Sept.  3,  1774,  which  was 
Saturday,  not  Thursday. — Age  at  death,  83  y.,  2  m.,  25  days,  not 
16  days. 

Goodrich' s  Lives.  Continental  Cong,  met  Sept.  5th,  not  3rd, 
1775. 

Journals  of  Congress  and  Articles  of  Confederation,  discrepancy 
in  date  of  ratification  mentioned  in  the  text  (p.  65). 

Declaration  of  Independence.  Arguments  to  show  that  John 
Hancock  and  Charles  Thomson  did  not  sign  it  on  July  4th,  1776, 
as  generally  stated  by  historians  (p.  31,  el  seq.) 

National  Portraits,  1839.  Mr.  McKean  served  in  Del.  Assem 
bly  till  1779,  not  1777 — Stamp  Act  Cong,  met  1765,  not  1768 — 
Com.  to  prepare  Art.  Confed.,  1776,  not  1775 — Loan  Comms.  till 

1776,  not  1772 — Justice  of  Peace,  1765,  not  1768 Art.  Confed. 

agreed  to  1777,  not  1776 — Also  Sanderson's  mistakes  in  dates  of 
m.,  d.  and  age  are  here  copied. 

Etting's  Old  State  House,  Lossing's  Field  Book  of  Rev.,  Scharf 
and  Westcott's  Hist.  Phila.,  and  Schart's  Hist.  Md.,  give  but 
twelve  names  on  committee  to  prepare  Art.  Confed.;  there  were 
thirteen,  one  from  each  State  (see  text,  p.  65). 

Armor's  Lives  of  Govs.  of  Pa.,  and  Scharf  and  Westcott's 
Phila.  Mr.  McKean  b.  New  London,  not  Londonderry. 

(129) 


130  McKEAN   FAMILY. 

Scharf  and  Westcott's  Phila.,  p.  446.  Conv.  to  ratify  Const,  of 
U.  S.  met  Nov.  20th,  not  21st. 

Elliot's  Debates  on  Fed.  Const.,  ii,  417.  Mr.  McKean  moved  to 
ratify  Const.  U.  S.  on  Saturday,  24th,  not  26th  ;  Bancroft  points 
out  this  mistake. 

Appleton's  Gycl.  of  Biog.  McKean  and  Wilson's  Commentary 
on  Const.  U.  S.,  published  1792,  not  1790. 

Bancroft's  Hist.  U.  S.,  1876,  v.  355,  and  1885,  v.  16,  states 
that  Mr.  McKean  signed  the  Declaration  in  1781.  I  think  it  un 
doubtedly  a  mistake,  although  Mr.  Bancroft  in  reply  to  my  inqui 
ries  kindly  informs  me  that  he  believes  it  to  be  correct — that  it  is 
not  a  misprint.  This  date  is  copied  in  Winsor's  History  and  in 
Judge  Chamberlain's  Authentication. 

Life  of  George  Read.  William  T.  Read,  1870,  several  mis 
takes  in  dates,  etc.  (p.  53  note.) — Claim  that  George  Read  wrote 
Const,  of  Del.  not  substantiated  (p.  52-4). 

Watson's  Annals  (Hazard's  Ed.),  and  Potter's  Am.  Monthly, 
mistakes  as  to  Dec.  Ind.  corrected  (p.  33,  note). 

Poetical  Addresses.  G.  A.  Townsend,  Caesar  Rodney's  4th  of 
July.  For  John  McKean  read  Thomas  McKean;  the  latter  name, 
it  will  be  noticed,  does  not  suit  the  metre  of  the  poem.  The 
author  kindly  informs  me  that  the  character  Sarah  Rowland  in 
the  poem  is  a  fiction — an  invention  for  detaining  Mr.  Rodney. 

Histor.  Mag.  iv,  2d  Ser.,  209,  et  seq.  A  sketch  of  Mr.  McKean 
contains  several  inaccuracies. 

Lincoln's  Lives  Pres.  U.  S.  and  Signers,  states  wrongly  that 
Mr.  McKean  was  present  in  Congress,  Aug.  2d,  and  signed  Dec. 
Ind.  on  that  day. 

Hildrith's  Hist.  U.  S.,  v.  328,  vote  for  governor  in  1799,  the 
votes  for  McKean  and  for  Ross  are  each  10,000  too  small. 

The  vote  for  governor  at  McKean's  first  election  is  thus  stated 
by  Mr.  Herman  P.  Miller,  in  the  office  of  the  Pa.  Senate,  in  a 
letter  of  Dec.  4,  1889.  A  mistake  of  792  in  the  return  of  Chester 
co.  made  McKean's  vote  37,244;  corrected  the  next  day  in  the 
Senate  to  be  38,036.  Ross's  vote  was  32,643,  not  32,641,  as  in 
Cochran's  Handbook. 

Cochran's  Handbook  of  Pa.,  1889,  gives  the  three  votes  thus: — 

1799.  1802. 

Thomas  McKean,  Dem.,     38,036  Thomas  McKean,  Dem.,  47,879 

James  Ross,  Federal,          32,643  James  Ross  of  Pittsburgh, Fed.,  9,499 

[The  mistake  in  Ross's  vote  is  James  Ross,  Federal,  7,538 

here  corrected.]  Scattering,  94 

1805. 

Thomas  McKean,  Independent  Democrat,  43,644 

Simon  Snyder,  Democrat,  38,483 

Simon  Snyder,  395 


ADDENDA  ET  CORRIGENDA.  131 

Burlington  and  Mercer  Co.,  and  in  Bordentown  Register,  1876, 
E.  M.  Woodward.  The  progenitor  of  Borden  family  is  Richard, 
not  Benjamin — Joseph  Borden  m.  Elizabeth  Rogers,  not  a  dau. 
of  Marmaduke  Watson. — Mr.  McKean  d.  June  24th,  not  4th. 

Genealogy  of  the  Roberdeau  Family,  p.  137.  Borden  pedigree, 
the  date  of  1163-5  belongs  to  the  previous  generation — Mary 
Borden  m.  1763,  not  1762.  Lastitia  McKean  b.  1769,  not  1770; 

in.  June  llth,  not  10th Gen.  A.  Buchanan  b.  1734,  not  1732, 

and  d.  1786,  not  1785. 


ADDENDA  ET  CORRIGENDA. 


16,  1.  2,  I  find  that  Savage  gives  the  date  of  baptism;  his  date 
of  birth  may  therefore  be  more  reliable  than  that  deduced  from  the 
Borden  record. 

16,  1.  3,  1614  should  be  1610. 

18-19,  From  the  Address  of  the  Hon.  Thomas  F.  Bayard, 
published  in  the  Proceedings  on  Unveiling  the  Monumemt  to  Ccesar 
Rodney,  at  Dover,  Oct.  30,  1889,  p.  24,  I  find  that  the  incident 
liere  related  is  from  a  letter  of  Thomas  McKean  to  John  Adams, 
Aug.  20,  1815. 

19,  note  3,  for  Adam's  read  Adams'. 

22,  1.  25,  et  seq.,  Compare  a  letter  of  Caesar  Rodney  to  his 
brother  Thomas,  Aug.  28,  1776,  Force's  Am.  Archives,  V.  i.  1192. 

28,  note  4,  for  Scharf  and  Westcott,  p.  321,  read  p.  312. 

39,  Plate  and  in  Preface.  The  clauses  in  the  Domestic  Jour 
nal  which  are  omitted  in  the  published  copies,  may  be  found  in 
Force's  American  Archives,  IV.  vi,  1731 ;  in  which  is  given  what 
is  more  properly  the  Proceedings  in  Congress  than  a  Journal,  for 
it  is  compiled  from  various  sources.  When  writing  pages  41  et 
seq.  of  the  text,  I  did  not  know  the  high  authority  attaching  to 
these  clauses  ;  or  I  should  have  made  use  of  another  argument 
which  they  furnish,  to  prove  that  John  Hancock  had  nothing  to 
do  with  the  preparation  or  authentication  of  the  printed  broadside. 
The  resolutions  are  not  addressed  to  him  either  personally  or  as 
President  of  Congress,  and  moreover  it  will  be  remarked  that  the 
expression  here  made  use  of  is  not  that  the  declaration  be  signed 
but  authenticated. 

46.  The  letter  of  Ca3gar  Rodney  above  referred  to,  Am. 
Archives,  V.  i,  1192,  gives  the  exact  dates  when  Thomas  McKean 
returned  to  Philadelphia  from  the  army,  and  when  he  left  for 


132  McKEAX   FAMILY. 

Newcastle.  The  letter  is  dated  Phila.,  Aug.  28,  1776,  and  states 
that  Mr.  McKean  arrived  on  Sunday  night  last,  and  left  yesterday 
morning.  This  date,  T  have  computed,  fell  upon  Wednesday;  he 
therefore  arrived  on  the  25th  and  left  on  Tuesday  the  27th. 

48-9.  Stone's  fac-simile  of  the  Declaration.  In  the  Annals 
of  Congress,  Gales  and  Seaton,  (18  Cong.  1st  ses.  1823-4,  vol.  i. 
82,  431,  779,  915  ;  ii.  2711)  it  is  stated  that  under  date  of  Jan.  lr 
1824,  John  Quincy  Adams,  then  Secretary  of  State,  informs  the 
Senate  and  House  that  an  exact  fac-simile  of  the  Declaration  has 
been  made  on  copper,  arid  200  copies  struck  off,  which  are  at  the 
disposal  of  Congress.  By  resolution,  these  were  distributed — 
two  copies  each  to  the  surviving  Signers,  to  the  Marquis  de 
Lafayette,  to  the  President,  to  the  late  President  Mr.  Madison, 
etc.,  etc.  But  three  signers  were  alive  at  this  time ;  and  Sander 
son  in  his  life  of  Charles  Carroll  mentions  the  copy  sent  to  that 
gentleman.  The  copy  in  possession  of  Commodore  McKean's 
family,  can  now  be  identified  as  one  of  these,  and  I  am  informed 
that  there  is  a  tradition  in  the  family  that  it  is  one  of  a  number 
distributed  to  the  Signers^  Inquiry  at  the  State  Department 
elicits  the  fact  that  the  copper  plate  is  not  now  in  the  possession 
of  the  Department  and  its  whereabouts  is  unknown. 

65,  note  1,  Add  to  the  list  of  works  containing  but  twelve 
names,  Scharf  Js  Hist.  Maryland,  1879,  ii.  465. 

81,  note  2,  for  vol.  iii,  read  ii. 

82,  1.  2,  for  Ingersol,  read  Ingersoll. 
117,  1.  11,  for  two,  read  too. 


INDEX  OF  PRINCIPAL  SUBJECTS. 


Adams,  John,  statements  regarding  the  Declaration,  35  ; — Publishes  let 
ters  of  McKean,  113  ; — High  opinion  of  McKean,  114. 

American  Philosophical  Society,  109. 

Andre's  dream,  62. 

Anecdotes  and  incidents :  Unique  defense  of  a  client,  1 9 ; — Express  for  Caesar 
Rodney,  29,  33  ; — "  Rodney's  Ride,"  30  ; — Remarks  at  signing  Declaration 
Independence.  45  ; — McKean's  appearance  on  the  bench,  61  ; — Is  summoned 
by  the  sheriff,  Gl  ;  Andre's  dream,  62; — McKean  hunted  like  a  fox,  64  ; — 
His  letter  to  Col.  Hooper,  60; — Ridicules  his  opponents.  75; — Reviews  the 
French  and  American  armies,  71  ; — Anecdote  of  Col.  Tilghman,  71 ; — Cele 
bration  of  the  adoption  of  the  Federal  Constitution,  76  ; — Cobbett,  84-87  ; 
William  Tilghman,  90; — Judge  Brackenridge,  93; — McKean's  story  of  his 
watch,  94  ; — Cobbett's  grammar,  84; — McKean  hung  in  effigy,  76.  80 ; — 
An  appointment,  90; — A  sarcastic  toast,  98; — McKean's  dignity,  107. 

Articles  of  Confederation,  64 ;— McKean  one  of  the  Committee,  65 ; — A 
historical  discrepancy,  65. 

Associators  of  Pennsylvania,  24,  25,  49,  50,  73  ;— McKean  a  colonel,  26, 
27. 

Attorney-at-law,  13  ; — McKean's  skill,  19,  56. 

Bayard,  Hon.  Thomas  F.,  Dedication  of  the  present  work  to,  Hi.;  Intro 
ductory  letter  from  v. : — Oration  on  Caesar  Rodney,  122,  note,  131; — Col. 
John,  27,  28,  50. 

Bibliography  of  Thomas  McKean,  123  ; — See  App.  I. 

Borden  family,  15 ;— Bordentown,  N.  J.,  16. 

Boston  Port  Bill,  20. 

Carpenter's  Hall,  22,  28; — First  prater  in;  119. 

Chief  Justice  McKean,  54  ;— Noted  cases,  57,  77;— On  contempts,  78  ;— 0 
impeachable  offences,  105. 

Cincinnati,  Society  of,  79,  109. 

Coat  of  arms,  either  none  or  spurious,  116  ; — Americanized  arms,  117. 

Cobbett,  William,  83  ; — His  force  as  a  writer,  84,  note  ;  Law-suits,  84 ; 
— Works  quoted,  84-5-6-7,  91; — Opposes  McKean's  election,  85; — Leaves 
the  country  in  consequence  of  his  election,  87. 

Committee  of  Inspection  and  Observation,  24,  26,  27,  49,  73  ; — Of  Cor 
respondence,  24 ;— Of  Safety,  25,  49  ;— Of  Defence  1812,  107,  108.  See  Con 
ventions. 

Congress,  Stamp  Act,  18; — Continental,  21; — McKean  a  member  from 
Delaware,  22  ; — Delegates  from  Delaware,  22  ; — Resolution  of  May  15th, 
26  ; — Declaration  of  Independence,  history,  29  to  50  ; — Not  the  custom  to 
sign  resolutions,  41  : — Fac-simile  of  two  pages  of  the  Journals,  39,  45  — 
Articles  of  Confederation,  24,  64,  65  ; — McKean  elected  President  of  Con 
gress,  70  ; — Is  succeeded  by  Mr.  Hanson,  72. 

Constitution  of  Delaware  written  by  Mr.  McKean.  51  ; — Claim  of  George 

(133) 


134  McKEAN   FAMILY. 

Read  refuted,  52  ; — Of  the  United  States,  McKean  moves  to  ratify,  75  ;  Com 
mentary  on  by  McKean  and  Wilson,  81. 

Controversies  between  Governor  McKean  and  the  Assembly,  89,  93,  94, 
98,  et  seq. 

Convention  of  Deputies  at  Carpenter's  Hall,  28  ; — Constitutional  Con 
vention  of  Delaware,  1776,  46,  51  ; — Of  Pennsylvania,  1789,  79; — To  ratify 
Constitution  of  United  States,  74. 

Cornwallis'  surrender,  anecdote,  71. 

Dallas,  Alexander  J.,  95  note  ; — Reports,  57  ; — Laws,  47,  66  ; — See  Index 
of  Names. 

Declaration  of  Independence,  29  et  seq.] — Preliminaries,  26,  28  ; — McKean 
votes  for  it,  29  ; — Sends  express  for  Mr.  Rodney  and  secures  a  unanimous 
vote,  29,  30  ; — McKean's  services  in  favor  of,  30  ; — How  signed,  31  ; — Con 
flicting  statements  of  McKean,  Jetferson  and  Adams,  32-35  ; — Historians 
generally  consider  McKean's  statements  to  be  correct,  36 ; — Statements  of 
later  writers,  Force,  Bancroft,  Winsor,  Webster,  Winthrop,  Greene,  Froth- 
ingham,  Lossing,  Hildrith,  Stone,  Read,  Watson,  Mrs.  Morris,  and  Judge 
Chamberlain,  36,  37  ; — Popular  but  erroneous  opinion  that  the  Declaration 
was  signed  on  parchment  July  4,  1776,44; — Fac-simile  of  two  pages  of  MS. 
Journals  of  Congress,  39,  45  ; — The  printed  journals  inaccurate,  Preface, 
viii,  37,  38  ; — Declaration  probably  not  signed  by  any  one  on  July  4,  1776, 
41-45 ; — The  engrossed  Declaration,  45 ; — Printed  Journals,  45  ; — Fac-simile 
of  one  page  of  MS.  Journal,  45  ; — Anecdotes  of  signing,  45  ; — McKean  the 
last  to  sign,  46,  47  ; — Early  copies,  48  ; — Fac-similes  of  the  engrossed  parch 
ment,  48,  132  ; — Names  now  nearly  illigible,  49. 

Delaware,  McKean  in  the  Assembly,  15; — Speaker,  20; — A  delegate  in 
Congress,  22  ; — Resigns  his  seat,  not  accepted,  69  ; — List  of  Delaware  dele 
gates  in  Congress,  22  ;— Ratifies  resolution  of  May  15,  1776,  28; — McKean 
compiles  the  laws  relating  to  real  estate,  20  ;— Writes  constitution  for,  51  ; 
— Claim  of  Mr.  Read  not  substantiated,  52 ; — President  McKinley  taken 
prisoner,  63  ; — McKean  becomes  President,  63. 

Democratic  party,  originally  called  Republican,  85  ; — Its  origin,  85,  87, 
95  ; — McKean's  election  its  first  triumph,  87  ; — Campaign  songs,  88,  93. 

Duane,  William,  attack  on,  83,  100,  105  ; — Opposes  McKean,  83,  96; — 
His  toast  to  McKean,  98  ;— His  eulogy,  111,  114. 

Duche,  Rev.  Mr.,  his  house  purchased  by  McKean.  69. 

Engravings  of  Gov.  McKean,  120. 

Fears  of  a  British  invasion,  107. 

Federalists  oppose  McKean's  election,  85,  93,  96. 

Franklin's  funeral,  79. 

Georgia,  dispute  with  South  Carolina,  79. 

Governor  of  Pennsylvania,  McKean's  administration,  85  to  106-7. 

"  Hail  Columbia,"  its  author  a  nephew  of  Gov.  McKean,  86,  90. 

Handbill,  fac-simile  of  theatre,  92. 

Hibernian  Society,  McKean  a  founder,  80,  109. 

High  Court  of  Errors  and  Appeals,  68. 

Historical  paintings,  McKean  figures  in  four,  118. 

Impeachment,  attempted  of  Gov.  McKean,  99-106 ;— Charges,  99; — 
Attempt  fails,  101  ;— Virulence  of  Dr.  Leib,  103,  105  ;— The  Governor's 
replication,  102  ; — Refutes  the  charges,  102,  103  ; — A  standard  opinion  on 
impeachable  offences,  105  ; — Attempt  to  impeach  the  Supreme  Court,  77  ; — 
McKean  on  contempts,  78  ; — Another  attempt  in  1804,  93  ; — John  Anderson 
in  H.  R.  United  States,  78  note. 

Inspection  and  Observation,  see  Committee. 

Incidents,  three  remarkable,  72. 

Jay's  Treaty,  81. 


INDEX  OF   PRINCIPAL  SUBJECTS.  135 

Jefferson,  Writes  on  Declaration  Independence,  35 ; — Is  mistaken  on 
some  points,  35,  36  ; — McKean  contributes  to  his  election,  95. 

Journals  of  Congress,  Printed  journals  inaccurate,  3*7,  viii ; — There  are 
three  MS.  journals,  39  ; — Fac-similes  of  two  pages,  39,  45  ; — Discrepancy 
with  the  Articles  of  Confederation,  65.  See  also  131. 

Lazaretto  physician.  97,  99,  100,  102,  104. 

Lee's  resolution,  29. 

Leib,  Dr.  Michael,  opposes  McKean,  96,  98,  99  ; — His  virulence,  103,  105  ; 
— Challenged  by  Thomas  McKean,  Jr.,  98. 

Letters  and  writings  of  Thomas  McKean,  121  ;— Referred  to,  29,  30,  32, 
'l21 ;— Quoted,  32,  33,  47,  51,  60,  63,  64,  69,  88,  90,  109;— On  contempts, 
78; — On  impeachments,  105; — Remarks  on  Constitution  of  United  States, 
76; — His  replication,  102; — His  works,  128. 

Little,  Capt.  John's  company,  25. 

Loan  office  of  Delaware,  17. 

McKean,  Thomas,  13  et  seq.; — Delaware  Assembly,  15; — Speaker,  20; — 
His  marriage,  15,  21  ; — Stamp  Act  Congress,  18  ; — Continental  Congress,  21 
et  seq.; — Convention  of  Deputies  at  Carpenter's  Hall,  28; — Votes  for  and 
signs  Declaration  of  Independence,  29,  31  ; — Writes  Constitution  for  Dela 
ware,  51  ; — Chief  Justice  of  Pennsylvania,  54  ; — President  of  Delaware,  63  ; 
— Signs  Articles  Confederation,  65  ; — High  Court  Errors  and  Appeals, 
68  ; — His  residence,  69  ; — President  of  Congress,  70  ; — Attends  conventions, 
28,  50.  74,  79  ; — Thrice  Governor  of  Pennsylvania,  85,  93,  96-106  ; — A  suc 
cessful  man  and  leader,  114  ; — His  will,  115; — Works  by  him,  14,  61,  73, 
81,  128  ;  See  Appendix  I.,  125.  His  votes  for  Governor,  130. 

McKean's  Laws,  47,  66,  73.  116,  128. 

McKean  County,  109  ; — Street,  109. 

Meetings,  public,  May  20,  1776,  26;— Oct.  11,  1776,  50  ;— May  25,  1779, 
67,  68  ; — On  Jay's  treaty,  81  ; — To  repel  British  invasion,  1814,  107. 

Middle  Temple,  14. 

Mistakes  and  Discrepancies,  Printed  Journals  of  Congress,  viii,  37  ; — 
Articles  of  Confederation,  65  ; — See  Appendix  II. 

Observation  and  Inspection,  see  Committee. 

Pennsylvania,  McKean  Chief  Justice,  54 ; — Dallas'  Laws,  47  ;  McKean's 
Laws,  73  ; — McKean  Governor,  85,  93,  96  ; — Succeeded  by  Simon  Snyder, 
106  ;— Conflicts  between  the  Governor  and  Assembly,  93,  99  ; — Constitu 
tional  Convention  of  1789,  79  ; — Convention  to  ratify  Constitution  of  United 
States,  74. 

Poetry,  "  Rodney's  Ride,"  30  ;— American  Times,  63; — Cobbett's  verses, 
85  ;— Meeting  of  May  24-25,  1779,  67,  68  ; — Campaign  songs,  85,  93. 

Porcupine,  Peter,  83  ; — See  Cobbett. 

Portraits  and  historical  paintings,  118. 

Presidential  elector,  80,  82. 

Read,  George,  delegate  from  Delaware,  22  ; — Votes  against  Declaration 
of  Independence,  29  ; — Claim  to  have  written  Constitution  of  Delaware  not 
proved,  52,  53,  54  ; — "Gath  "  says  he  skulked,  30. 

Removals,  Gov.  McKean's,  88,  91;  98; — Justification  thereof,  91,  92. 

Republican,  early  name  for  Democratic,  which  see,  85. 

Residence,  McKean's.  69,  71,  93. 

Resolution  of  15th  of  May,  26,  28,  29. 

Review  of  French  and  American  armies,  71. 

Roberdeau,  Gen.  Daniel,  25,  26,  27,  42,  50,  67,  68. 

Rodney,  Caesar,  Delegate  from  Delaware,  22,  23; — Publishes  Laws  of 
Delaware,  14 ; — Rides  express  to  Philadelphia  to  vote  on  the  Declara 
tion,  29,  31,  33  ; — "  Rodney's  Ride,"  30,  130  ; — Monument  to,  and  address 
by  Hon.  Thomas  F.  Bayard,  122  note,  131. 


136  McKEAN   FAMILY 

Safety,  See  Committee  of. 

Sanderson's  Lives  of  Signers,  13; — See  Appendix  I,  125,  120. 

Signers  of  the  Declaration,  bibliography,  125-6. 

South  Carolina,  boundary  dispute  with  Georgia,  70. 

Stamp  Act  Congress,  18  ; — McKean  the  last  survivor,  19. 

Supreme  Court  Pa.,  see  Chief  Justice. 

Tea  Act,  20. 

Thompson.  Gen.  William,  difficulty  with  Mr.  McKean,  67. 

University  of  Pennsylvania,  trustee,  108. 

Vice  President  of  the  United  States,  Mr.  McKean  declines  to  become,  95, 

Wain,  Robert,  Jr..  Biographer  of  Thomas  McKean,  13. 

War  Measures,  July,  1776,  49. 

Whiskey  Insurrection,  80. 

Williams'  company,  Capt.  Richard,  14. 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


RENEWED  BOOKS  ARE  SUBJECT  TO  IMMEDIATE 
RECALL 


LIBRARY,  UNIVERSITY  OF  CALIFORNIA,  DAVIS 

Book  Slip-70m-9,'65(F7151s4)458 


N°  438900 

Buchanan,  R« 

life  of  the  Hon, 
Thomas  McKean. 


E302.6 

KL3 

B9 


LIBRARY 

UNIVERSITY  OF  CALIFORNIA 
DAVIS 


